. - Executive Registry - - - Approved i. Has Reviewed* oolaje? has?: 33.35%, Registry . File a? 25 March 1975 MEMORANDUM FOR: Director of Central Intelligence SUBJECT Reimbursement of Meal and Coffee Expenses at Official Meetings Attended . Solely by U. 8. Government Employees REFERENCE Memo from DCI to multiple adses., ll Jan 74; Subj: Entertainment in the Executive Dining Room l. review of applicable legal and regulatory constraints makes it advisable to raise once again the question of the expenditure of govern? ment funds for the purpose of purchasing meals and coffee at meetings or luncheons attended solely by U. 5. Government employees. 2. Prior to ll January 1974, the policy governing the expenditure of government funds for the official entertainment of employees of the U. S. Government exclusively required approval by the Director or a single senior officer designated by him. Historically, policy state~ ments governing official entertainment of U. S. Government employees have dealt primarily with the delegation of authority to approve such expenditures and until the ll January policy statement, none addressed the issue of the fundamental legality of such expenditures in the first place. However, the ll January policy statement (paragraph 2) contains an antithesis which creates problems for officers charged with certifying expenditures as being in accordance with the law. 33 The ll January 1974 memorandum (reference) states that an exception to the policy forbidding the use of official funds for the purpose of "entertaining" government employees ?may be made only in the most unusual and special circumstances? and that ?such an exception shall require the advance approval of the Directors? The problem with this polic ~~according to the General Counsel-?is that the Director does not have the authority to approve such an expenditure unless the expenditure is "to support Agency activities of a confidential, extraordinary or emergency nature." "Confidential funds shouid not be used for the solution of administrative problems unless security or operational ADMINISTRATIVE use ONLY Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 ADMFNISTRATIVE INTERNAL USE ONLY Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 factors preclude the use of vouchered funds? - A procedural STATINTL requirement of prior approval is not really germane and cannot establish legitimacy. Exceptions in the absence of an operative intelligence requirement cannot be authorized even by the DCI. 4. Authority for such expenditures could be granted via the appropriation route and the Comptroller is including in the FY 1976 budget to the Congress, a statement which, if unchanged, will authorixe expenditUres of "funds for the Office of the Director support activities under his direct control and provide not more than $l6 thousand for official reception and representation expenses including the expenses of cooperating U. S. Government officials and private U. S. citizens at meetings concerned with the official functions of the Central Intelligence Agency.? (Att. C) This language will pg; legitimatize the expenditure of government funds for such routine things as the purchase of coffee for the Director's morning meetings or other meetings attended solely by Agency employees. 5. In view of the fact that the General Counsel is explicit in his opinion that such expenditures are illegal, I believe it is necessary to revise paragraph 2 of the ll January 1974 memorandum deleting any reference to exceptions in cases involving meals or luncheons attendedr only by U. 8. Government employees. 6. It is recommended that you issue the attached memorandum announcing a change in policy concerning exceptions and suggesting that officials who feel they can justify the use of government funds for meals and refreshments for official activities seek authorization through the budget process in future years. STATINTL Administrative Officer, DC Attachments: a . Refe ren ce STATI b. Copy of c. Copy of ta ement to be included in FY 76 Congressional Budget d6 Copies of GAO Decisions 3?163764, B?l59633, 8?168774 e. Memo for Deputy Directors Independent Office Heads from Subject: Official Entertainment for DCI Signature ADMINESTRATNE ii?iTEi-Ei??rlt Us ONLY Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 r. f, urn-.4 us?us -. Approved For Release 2001/08/27 bis ,9 11 January 1974. MEMORANDUM FOR: See Distribution SUBJECT Official Entertainment in- the Executive Dining Room REFERENCES 2 (3.) Memo 29 June 1963 to frona DDCI, . Subject: Delegation of Authority Memo 10 April 1967 to Deputy Directors and Heads of Independent Offices from Subject: Official Entertainment in the Executive Dining Room Memo 29 July 1971. to Deputy Director for Plans from ExDir, Subject: Official Entertainment in the Agency Dining Room (d1 Memo 17 March 1972 to Deputy Directors from ExDir, Subject: Official Entertain-- ment in the Executive Dining Room Form 725 5 September 1973 to Director STATINTL of Finance from DCI, Subject: Delegation of Authority and Headquarters Notice 2.4 July 1973 STATI NTL 1. For some time the basic policy of the Agency- has been that expenses incurred in the official entertainnlent of officers or employees of the U. S. Government exclusively required approval by the Director or by a single senior official designated by him. Per reference this authority was delegated to the Executive Director. Reference stipulates that offin cial entertainment, in the Executive Dining Room must be "hosted personally by a Deputy Director or Head of an Independent Office, or by his deputy when . directed. Reference disapproved a request to delegate to Division and Staff Chiefs the authority of a Deputy Director to submit vouchers for official entertainment. Reference permitted'Deputy Directors to delegate fanofr-?arr-unnxc LI: er'J Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 i. l' .r (. Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 single senior officer their authority to submit such vouchers. Reference. established the Executive Secretariat, appointed the Executive Score-r tary, and delegated. to the Executive Secretary the Director' 5 authority to- approve the payment of these eitpenses. 2. During the past few months Agency policy concerning the official entertaimnent of officers and employees of the U. S. Government has been under review. The Comptroller General's position is that official funds should not be used for the entertainment of Government officials unless specific authority for that purpose has been given by the Congress. There- fore, it has-been concluded-that the Agency shall no longer use official funds to pay for the expenses incurred in the entertainment of officers or em? ployees of the U. S. Government?p the Executive Dining Roon? In addition to those personsincluded Within the definition of ?officers and employees?. in Title 5 of the U. S. Code, this phrase includes staff employees, staff agents, detailed military and civilian personnel, contract employees. and career agents of this Agency. An exception to this policy may be made. only in the mo st unusual and special circumstances. Such an exception shall require the advance approval of the Director. 3. The Director's Imprest Fund may be used to pay the full cost of a function, including the meals served Agency per sonnel, whenthe purpose is to entertain a foreign official or a non?U. S. Government personality. Deputy Directors may delegate their authority to submit vouchers for these functiOns to a single senior officer. Since the burden is a limited one, Heads of Independent Offices are expected to continue personally to retain this authority. The Executive Secretary has been designated as the single senior official who may authorize the payment or reimbursement of these expenses. I 4. It shall no longer be necessary that official entertainment in the Executive Dining Room be hosted personally by either a Deputy Director or his Associate. Any other senior official designated by a Deputy Director or a Head of an Independent Office may act as heat. 5. The General Counsel has been asked to amend the appropriate Headquarters Regulation to reflect the change of policy and delegations set forth above. The policy and delegations referenced in this memoranu dum are hereby rescinded. TATINTL . E. C01 . r?i?ur . L11: sli- ., or 1 in" '1 Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 ?-Si - Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 Distribution: - DDCI DDI DDO General Counsel Legislative Counsel Inspector General Comptroller Director of Finance Assistant to the Director Executive Secretary Executive Dining Room Office (Original) MCA-T3 File >117?1Tc?lr(1?? 4 run?171 9! ?Lil. ?1 'jl - - Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 SECRET FINANCIAL ADMINISTRATION - . 1. GENERAL- n. APPLICABILITY. This regulation applies to the ?nancial administration or Iboth vouchered and con?dential funds, except Where suhparagraph. spec ciflcally limits applicability to one type of mods . b. AUTHORITY. The Central Intelligence Agency Act oi no amended, pro? rides in part as follows: (1) ?Section Notwithstanding any other provisions of law, some made available to the Agency by appropriation or otherwise clay be Ierpended for purposes necessary to carry out its functions(2) ?Section 8(ta). The sinus made available. to the Agency may be expended without regard to the provisions or law and regulations relating to the expenditure or Government funds; and for objects of a con?dential, tracrdinary, or emergency nature, such expenditures to be accoimted for solely on the certi?cate or the Director and every such. certi?cate shall: be deemed suf?cient voucher for the amount therein certi?ed c. POLICY. It is Agency policy to limit the exercise of the special authorities provided in the CIA Act to those activities which in the national interest re- quire security protection. In line with this general policy the following prion - ciples are set forth for guidance of Agency personnel involved in the obligation, . ?Iapproval and expenditure of Agency funds: .1 1 (1) Vouchered funds (those which can be accounted for and audited in con-n . romance with the laws that apply to other Government agencies and with standard Government regulations and procedures) will be used if opera-m tions and operational security do not require the use of. con?dential funds.I (2) Con?dential funds (those which are accounted for outside the Agency solely by certi?cation of the Director) will be used to support Agency ac+ tivities of a con?dential. extraordinary, or emergency nature. Normal provisions of statutes for the obligation'and expenditure of Government funds shall be followed by the Agency in its expenditure of con?dential - funds except when determined inappropriate in View of the security or the extraordinary or emergency nature of our activities. Expenditures shall be accounted for in a manner compatible with the maintenance of roan sonable security for Agency operations and the protection of the sources 3 or intellngence .. . I (3) Con?dential funds will not be used for the solution of administrative problems unless operational or security factors peculiar to the Agency re-e - quire the expenditures and preclude the use of vouchercd funds (4) Con?dential funds shall not be used to give employees of the Agency a . preferential position of prestige or financial bene?t in comparison to other Government employees, and special operational expenditures shall not be allowed which would result in a direct or indirect personal gain or bene?t to an Agency employee unless they are for an undertaking which is essen? tial to the conduct of an approved activity and are of such a nature that the expense would not have been incurred by the employee except in sup- port of the of?cial activity involved. (I. RESPONSIBILITIES (1) THE DIRECTOR. The Director of Central Intelligence is responsible for the proper expenditure of Agency funds. To fulfill this responsibility the Director: Revised: 13 April 1964 use) . codified 1 sooner 43:13:63". Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 7 . .1 Approved For Release 2001-108127 -. 4,1. SECRET 1 1 The Capitol Rate: $3 00 (Round Trip) Applies to the area northwest of the Anacostia River and within or on the following boundaries: 1 . Street NW. . 7th Street NW. and SW. Florida Avenue NW. and. NE. a . 11th Street NE. and SE. One-half of the round trip rate will be allowed for a one-way trip (5) The following round trip distances will he used to compute transportation claims for POV travel between the Agency buildings and the locations. listed: ROUND TRIP DISTANCES BETWEEN: THESE LOCATIONS - and AGENCY BIHISIINGS IN: 25X1A en an empoyee atlegulm? working home at his post of duty must use public transportation for travel between office and home during hours of darknese or infrequently .. scheduled public transportation, he may be reimbursed for the usual taxicab fares, including tips, paid for such travel, subject to authorization or approval by an approving officer. For travel bi employees who have been granted a Transportation Al? 25X1 A lowance applies. (8) Reimbursement of expenses for local transportation may he received from. the imprest (petty cash) fund in the employee?s component or may be- claimod on Form 2646, Claim for Reimbursement for Petty Cash Expendi- tures. c. EXCEPTIONS (1) DETAEED PERSONNEL (S (2) CONTRACT PERSONNEL. Travel expenses for personnel serving the Agency . 25X1A l? 25X1A official coverwill be allowed in accordance with this regulation unlese specific deviation is authorized in the Supplement to the Official Personnel Action. (5) EMERGENCY, UNUSUAL, 0R ADDITIONAL PAYMENT. The Deputy Din rector for Support may authorize or approve any emergency, unusual, or additional payment and waive time limitations when necessar or expedi? . ent, if allowable under existing authority (including?) whether 25x1 A or not specifically provided for by this regulation. ?#Rcvised: 2 September 1969 (4'10) . 4.1 SECRET ?mt-?amt Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 Approved. For Relewaso.20_01IQBI_27 clortaken that ?direct and support as conducts r'ootioe physical exm of tho "any out. the 5 pp.1ca11ts for eweioymcn' And of cr';1pioyees;it also provides ;n01'1.19.i 9. istrative and Eogistic functionS common ehavioroE' Sci coco S1113: ort for Age?. .cy components and for 511 ?1,?ch ost 9.150 Elavo .esnoosr cc: c' wits. t'Ine .111iq1uiessionsI: I @111111611?: entities 113 the Cabinet Committee to Comb-at Terrorism of Training conducts courses in cEer icai skiEEs and 1 techniques; it also offers training 1'1 {'11 skiEEs and 4--e 8"ecuzsoe (2:730:30 non controZ category oocorzoassos the sweet 1- . 1. . 4 .cE wHooves opera Eons, 1.15111" ..1e faciitics o. a training base, 11 turos o. the to", n1a1I1agc.1o_11t of . the motor, . - . . Cer' oi 1 If: 1.:sgecto' CO 9? . (115 tanbe from Agency oersoonei ?u 11:41?. I. ., Eer Sonora Comso. isE' ative Com . cg ,ezloagE: to acquiio personne- rocrrComm. mity Staff 9.12;} portior 50f :31 0 Office of 1 3 II tv 3h (3. -/Sci ?2110.; at am . - Cor-unission; the O.?riee o'r 7: proviees rce..:1:ers, proec .. (0501211101. .1 egor' es 1:3 for-emp?iovmom, .. records and prox- "11..w (EL 1 AMTAIIS LU- 4 . . 39.11% other 133501111?. ((35 sum OEIHSCEE 11g activities under his direct mime?i and prov: '(Ee not more 11.12.:16 thousancE.ccm- 1y concucis scc11r1.y .1.vos.1gzitioris OE pmtiriid'i Agenc .for onicia reception and rep. csehtation och-osos, inducing .he expenses. rid of contractor ersonne wo ML 1 i?coop c1ati..g US Government offioizils and piiva ate UScit1zc-correcincEE with tEie-oxtraordihary actions of th? Centred Inteiligonee 2111.5 a cor my 0; gooey 3' 311.50 0' 3 2 -Logisties and the OfIi (o oi Medica. .mvicc-s a total of Agen cy.? T110 other Agency mechanisms assure comp ohaoec with lega. 1?7-. f2. strict' zoos and otherwise soiyeas seEf- -poiie 11?.g mechanisms The 517d .0 'hc 11c (333.11th 1" ?1115. 111. . ambuianco servreos to toe complex. Community S.a.f supporis Eh 1311.291ng his role as head of he 1.11amgohce Community, dovi. sing systems to 1' En?. graying aEEocation of resources I t}e 6:911?. rigour ?02 DIEM 1.. 011cm! . Ior mess diverse ortS' it 1 so mrinta?ns 1 i'rm 11in;r ?mt com among the various programg and ag?neEeS reviewing a: 1C3 finished - . . .7 near FinaiEy the funding for oayment of Standail prod iotion throughout theVCovnmumty, anti i11i.iatir.g? studics or 113w e. 11 11 Susiees ?Edmim? 'ion is in .1 '1 I Cl'x '1 . . and rewarding technictes co?Eection I?Ou?Slng, 21116 aoa'ys' a - .8, I -, wide caregory 1o p. Ctu- Shir 0011:. Prog1'am-I-wide exoenditures o1: reseaz'cEil,? (ievdoomei't, mic nvoEvc basic stodies 1'11 the. oeh?wioral 2185'. Supporting 09.1 atmnal 1merests, 'ancE reSearch Iand dcveEoo?o. 'aiid commugiemons I . Moior En E976 Executive direction and controE will be 111 1975 to onaEJEe the Agency to tEic of In such as the Freedom of Enformatio. Act and to permit 11 of queries about 1110 Agency 1mm Lorigrcs ?Other activities wiEE respond to program 1:11.111 ".Igenoe information processing, and finisi Eied produc '_..sm1u1tanoously with reduced manpowa and eonstantEy risi enlrenoics ?=1E1rough unofficial n0"? 'phasEsf will bo on new and more efficient methods Compute attributable ch.1111ieEs.Th 111125-151 Lots no 111135 stores distribut es paper-wmk Woid processing ccnims and cxi and stand. rd 55?" ?it \xiEE . . . . . . US. cimmreix; 1t RESO unusumE items, such as foreign weapons, WEHCEI EEOEKE 1310117150 Em letEucing (i'tpiirtiirg costs .[in nmn'rr' mm ?1111' Eoliowmgb descriptions are onEy iEEriIs 'Eienslveistatcmenfs of tho m?inIy p'inroEl (Eutlcs, it also arrange .JLI .. Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 2.22.2.9. 2.2.22.2. 2230222202223 022 222.2222: 00. 02.22.2222 2222'. 657 32932123 the appeintment of 22 retired of?cer of the Regular Army to be State deetant? general of the 8" ate 23f Wyoming seems to be th- in the promsione of section 28 of Title 19, Wyoming Statutes, and 22:2 in?icated above, 2292222 Federal recognition as 22. National (371182th 033}:- cer, statutory authority exists for appointing 22.21 Adj 212222.212; General 223 2222 .2 1222232 RESBIWTE of?cer, we have not found, etetutoxjy euthority' for transferring .22. Reserve of?cer is a. 12223222821033.2062: of the Regular Anny 222 the Retired Reserve. In the absence of some such statutory eutherizetione which would not only authorize such a. transfer but 221% ?x the rights of an officer so transferred so as to make- the one retired status compatible with the other, we must conclude that there is no authority for the transfer, in a. Situation like that of the two in question, to 221222 Retired Reserve 22122221 completion their eerviee 2222 State Adjutant General or Assistant Adjutant; General. Queetion 1 5222 answered in the negative 22.22221 for 2222.2. 2222223022 120- 22222322222212 222 requimd to questien 2: 34637622; :2 Agayreprimiune Ave?a?ei?w Eefres?meme 4m 9022212222212: 912.3223- inter-2:31 ?hjeetive The cost of: serving coffee or other refrezthmentq at meetings.- 33. 2201;. 2.3222 ?necee nary expense? contemplated by that term. 223 used in appropriation acts, and. unless speci?cally made available, appropriations may not be charged with a cost that 22 considered in the nature of entertainment 22223220212511 this rule else applies to the purchase of the equipment used in preparing refreehmente, the 2122-2211 amount expended by an agency to purchase coiteemakere, cups, and 120121? 91's for 21: 2e in serving coffee at meetings dents-2222221 to improve management; rela? tionships will notbe questioned in View of the belie? the intent-253123 of the Government win be promoted through the use of. the'equipmeet. T232 292122222 M. huemal Revenue Service. May 5 19-233:- 12.223222222222322 is made to your letter of March 6,1968 (21:1? cum (sewing the propriety of using appmp?ated 112212213 to purchase coffee- maker?s: 23211322, 23.122123201212223. Enclosed with your letter were copies of receipted subvouchers pmceesed through one of yo 221' o?ice?e . eimprest fun as on Srendm? :2 0.2222 1122) for the purchase of two coffee'makers, 022793, 222123. 12222121222222 in the 3.222022% of $223.89. You state that your o?ce is net. on 222 100 129222222222. 222.2213}. 23. 212222: the purchase of those items was not 22222222252323. to your 37322.2 .9?2?22222'ia222 ?02222 119.9 R2222n~ 2 :22? ?2 .22 2. her, 2221.032 222322 22222-232323 222122) 2222?. 3.22 EUDVH .222 3.32.2.2 222222.21. ?01 these 3.2221223 you-1' 222.2222 that . 22. 4.2: .2 that this: .22.: Luv-22222222; 14 2252225.: ume-2'1 1.2 EL 122:2?- tau-21 3'23 312': 1222?2'2'IL2errt02 L'e tun-2122.: 2.22:2: 2. .2222 2.2222- 22:22:22 wi'; '32 2'2. '1022'2 grudge i?ru 3 r213 1 ?1?1?2?146 312227111 21'222 122- 2.222 2 22 2232 2.2-. 2-52 22:22:2222202'5? 22.223 :22. WI 322.2 2%22-212 22. 2.23 22232. 2.23. 02'. 3.2.22.1 2 ?2 '12} .3 22%. 3222.2 222221 :21; random 23y 2122 2 2.:tendence By 2013222.. Inge- 222-2312 Tweed-'22 Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 Appl?oved l?or Release 2001/08/27 658 111101310113 ?ov me someones GENERAL :17 he will be better able to feel the pulse of the district of?ce and. thereby concentrate his 111-11119. eme'nt efforts where such discussions may in?ioate. Similar meetings be held "with liaison comm/Jess of Lex practitioners; employee organiza- tier: 3. employee association, etc. - '.?Lou then ask our cleo1~1011 11s to the propriety of eel'ti?ving ruture- ols'i; ms 0: Lhie nature 101' payment. ilhe appropriation Chartrecl with the emohose' 13 not L?ed in you 1? letter. However, we '1'111.ve examined the language of the several appropriations available to the Internal Revenue Service and none which reasonably could he construed as the purchase of-suoh personal items as ooff'eem sisters and cups fer use 1'11 the manner 1 described in your letter. Normally, if an employee desires a. cup of (.0 he? rioting o?iee hours the employee would be expected to pro vide it 111' his own expense. He 111.1 bring it from' home, pm chase it in the omee osleter'ls. or. meal: 7113.13 from venbdlog meehmes, 01' roe-he such other provisions 1181 may be suite-hie to Ilnm {1.1111 to his soeuoy. I11 other words, in she 1151111311 employees- Government relationship the Government 13 11 ncler no ohli ger- Lion Lo ?mish cohee to its employees 1101- is it under any 0" 1111*.1t1on to serve oxiaf?c'ee to goriv ate 1111111731111 -l1a.v111g business ?to concluoL .vith the Government We see 110 legal cli stinetion, 1111:5011. 1- 112'. the use 01 Government funds 13 concerned, between the purchase of 001.1111. and the purchase of oqy-ipment need eel to brew co ?Ihe serving of coffee 01' other refreshments 1115 1118111111ng such as described 111 your letter may be desirable but 0111111101311 said to he s. ?neoesse'cy expense? as that team is used in the appropriations swell? ehle to the Internal Revenue Service. We have 'helcl that: I11m1el1m 0' of meals or re?eshments is in the nature of entertainment 21ml unless the empprop?etions involved are speci?c-3- available eherefor they mop? erlv 111.1. not be chergml with the cost thereof. es 4.3 001119.111713035. As indicated above, the same rule must be sppl-iscli'o the poroha'..se equipment to he usecl' 1n prepa?ng re?eshments. However, in view of the small amount involved 111161 the? met that ?he District Direztor believed ?het the mterests of the Government: wot'le he promoted through the use of the equipment, we do not feel required to further question the instant transaction. :1 111.11% :3 -11111111enm?lr'vrewme 11. Stem-able 1.131113, .'Prc'iees, ?35311 {l5 xix Hz: 1133 'llfn-lvu' I17: 510%.. ju- 'j?ru'n ?1 [arr no ?if 3:1?11' "ii 131??: t?pa COD ":Hnrl" 1?73.11 110'". '3 it? ?01 13??:?73?1 1.1.1 .-rii :e be. 3511., 10.11 (11" .1 3'1 .1 ?113.15 {iil'n ?ora/i cot" . Poment v1.11 on 1.111 1.39111 ovuterrili-a-1'U is not [1.333. 111.22; 1?3110? the '11- :rslersl l?roosrement Approved For Release 2001/08/27 {7?5 THE GENEQAL 59293135 EE C. 253?.) ?48. 5 FILE: 33?.159533 MATTER Emma. 03?! building: in District: of 801135.513 and payment oi training.cauxsaraxpenEE3 1. Prohibition in 40 11.3.3. against emcutim of mantras: Ear rental 0E any Euildina in BiEtric: of Columbia far governmental EurEnsea unles? an approcriaticn the reror 1133 been made Ears pavmant. canf: rznce r00" rsnta.L ch Eras in absence of daleta?icu 0E leasin? guanority by 8:3.Einin? istrator to official 0E -SA1who aggravad $6333? tion of rental agreazent- 3? pavment for break14tb?j i Vidad Government Emalayees Dazticinating in a agnagazant seminar 13 not permitted in liaax of general rule that in of autEcrianz '1Egislation rafreshnants furnishad to Gava;m:ent emgloyees may not he paid Emr'with?appxoyriated funds. Hr. Gary E. Schroeder an authorized certifyin" Ofu ?122: of ?ne Administration has reauesta out da: i?icu cancerning the propriety of his certifying fur Eyment an invoice from the Thomag Circle Inn (Ramaia Inn) located in B.C. Ear Either the total invoica amount of 66 or tha lesser sum Ef $283 66 representing a deduction of the $500 charge in: room EEntal. Tha aervices Ef tha Inn WEIE obtained far the purposa of balding a commercially offered training caur?a Entitled ?Eroble? Solving and Eecisian mannaamant Hazinaz-during the week of Dctober 15. 1973, throuvh 19 1973,- ha official $5 aha Adminiatrativa Services Divisinn 0f the Autamatad Data W?lacammunications Servlce. GSA. made tha necessar? W1 the Inn includiu? approval oi the -3 Ear day room Tamra; Eharge. ?he Autcmatad Qata and Servica wait- 1E described in Ex. sub mission as *t tne bE1Ef1:*n; Ergs nization in this 13 ?ne of the five operating services mi GSA with tize re sponsibilitv oi againinterin? autcmazi: i: a .. I progr3EE :xnd cchuniEaticna sarvicaa for tha Goweznainta Wh? certifying offic-E r' ?oub: zlxa $530 ream E~r'ui i aha. ge atrium?3 macaw-5E3 m: I: 191:, (?"1329?4 in 15-13. .21: Mazah 3, l? Stat. 40 U.3.C. 34, which r2ad3.13 .. - Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 13-152633_ - Approved For Release 2001/08/27 "No contract shall be made for the rent of any building, or part of any building, to be use& for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and this clanse shall be regarded as notice to all tors or lessors of any such building or pa:t.o? . any building." Hr? Sobroeder's letter indicates his concern that "[since] the appropriation language for the Automated Data.end -Service, the benefiting organization in.tnts case, does not specifm icelly provide for the rental oi space the language of 40 0.5.0. 34 prohibits payment of the room rental Charge with Government funds. - Our Office has held that the prohibition expresse? in 40 U.Stcg 34 against the execution of a contract for the rental of sey building in: the District of Columbia for governmental purposes until an epprooria?, tioo has been made is comprehensive and applies to all uses_whether temporary or permanent. See 35 Comp. Gen. 314 (1955) and 43 Comp. Gen. 305 (1969) as well as cases cited in.those decisions. However, the Federal Property and Administrative Services Act of 1.949S 63 Stat. 3779 as amended, authorizes GSA to enter into leasing agreements for ?the benefit and accommodation of Eedorol agencies. Speci?ioaliy seew tion of that Act (40 0.5.8. as follows: "The A?ministretor [of is.suthorized to enter into lease agreements with any person, copartnersoip, corporation, or other public or private entity, which do not bind the Government for periods in excess of twenty years for each such lease agreement, on such . terms as he deems to be in the interest of the United States and necessary for the aocomnodetion of Federal agencies in buildings and improvements which are in existence or to be erected by the lesson for such purposes sad to assign and reassign therein to Federal agencies.? .We consider the language of this section together'witb its legislative history as authorizing the Administrator of GSA to lease buildings and parts of buildings in the District of Columbia {see page 1, House Report No. 1814, and pages 1, 2, and 3 of the Senate Report Hob 1156, 85th Congress). Consequently, it is our View that if the eon? istrator of had authorized the formation of this rental agreement, the Statu? :ory requirement of so 34, that no contract to rent space in the District of Columbia ?or governmental potposes be formed unless authorized by a specific ooproprlation would have been setis?iee. 2 1-..- Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 3- 9533- - I'approved For Release 2001/08/27 Although 30 U.3 C, 486(d) authorizes the Administratsr of GSA to delegate the authoritv vested in him under the Federal Prousrty and Administrative Services Act of 19?9 to any official in 6333231 Services Administration there is unthiug in the record to indicate that such Eucharity hai baan delegated to the nfficisl who entered into the questiansd 13333 arrangement. Therefore, on the basis of the presan: record we must canc+ude that the prehibition contained in 40 U.S..C. 34 bars p3 ent of aha $500 room rental charzs. In ancordL c3 with the the firs question presented in the certifyirg officer's submission as tn whether the invoice can properly be certified for payment in total amount of $753.66 is answered in :hp 33 23:133. Ihe remair sin: ar..aunt of $283. 20 that 13 included in this invuica? 33 an expense of conducting this seminar appa mtly represents rim snakinsd cos: of the daily coffee-refreshm3nt break3 that. vsra-srom vidad to 333133: participants 1d the r3323 1. ?333 charpad fzha 333 cf various instruct 10331 aids such 33 tans recorders 33d 333: 313. Elthough we do not question far the l3ttsr its? 3% it has generally bean held in the absence 3f authorizin2 lazislatisn tha cost of refreshments furnished to employees may not be paid with spprovriats? funds. 333 47_f033. Gen. {1363); and _Sentember 2,1270 33 well as 33333 cited in t.hns Under the circursta?css as renmrted in the afficsr 3 letter we are not aw: re of any basis on wraick to authorizs payment for the caffes-brsak items to seminar nattic ipsnza. - Cansequently, we must conclude on the basis oi the. prassnt record thatit'would be improper for the Government to pay th.3 $168 coffee? break expenses. - In accordance with the foregoing, the invnica may be aartified for payment 13 the amount of $120.66 representing a deduaticn 32 $668 from the total invoica 33333: 3% $788.65. I - (Signed) R. F. KELLER ACTING Comptroller General :1 3i United Spateg Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080"ur? . .. .. . A. u?u4 . L- September 2, 1970 7 2.054%: CIA-RDP GENERAL. OF THE LVASHINGTON. OAS. Siam zuvl on ?tll, '1 ?Fef Release 2001/08/27 COMPTROLLER 4. .3. ?4:33 (it \?tl . 31' Appreved ,3 Lib-1.1.3.. .1 . -. u. .-.-- b;l.l.3- 1' A let of 1cnt cf 17m: 1 l. 71- 4.1 Birectc?, 9-4 .9 eatien wan-a v.-s :1 Iva-1.? 1.5 p. ~11. the i Kanna1?53. 3. T. 1 n. .333.-. -.. -.-. ?1 1r .1. Jo? tad?1-3 0, i' 1C3t 01. 5145-12:: 30334 #11 u. ch 15, consultants o- canfwra? :61? .1 in :3 gr- h- tiei 5. :25} ?'0.4-- as at ?ne mater I (30' 41.1 con- 0 -. {3513' .- 3w .. 1.: a 13:13:? ?era. 3 . --4 4r,- ?ip $33 a le 9 .Pf) 4wa 73.45: 0.1.1 0 30? n- ?y ?at. whim. rence at vL'l lid- 4? J.- 1nlng5 1 a. 52?- :renrp 5e 173.11.?chi 321 be Causal- a ti} -. .13 Lin?In.? 1.1 1 1 vit- a a te JILL 53L.) f1!" 5.- A 1H1 .- irk- . ?415% gees '55' 'L.533 $1 ar? uni (.3 a- 3 0:1 133.. cant 1 . 311?!) 3 er nessibl l- .s 151251 an.371 9u?ei as 330 a} ?Ill D?l 1] i a "n c0 Ua?um eve 3' 9319 ng a woul? i L4 euthaxiz to f5 .4 ?ran the consultan u? '4 have net feun ?0 on 7 at?. mwz4~ 917?. m- art? 4" 3 a: furniahu a) meal unleycea - . '11 he .nission. .b-F?wult' II: iu? e: .rz'Ls. pen-5c .. . UcyaeaIn. a-xc I. a 1 1? tin tau-F 14- .15.: ?1 . 6.1- 715} L3 ?iaK-?La. I ,1 var-2w- .. r" . 1.. 1 L..- "v 415?? ?W?w?at Sl?i+m* - 3 .. {Flv5.: r-?R1.34 ?3?4 Ci :3 9-any, .. .. ham. {3 -1 3.1 -.. -..- .. 131. -i ?r Lia-?m 5 U. ?;aned in U. :3 2?1. . ,?Jn 1?5, I. if Approved For Release 2001/08/27 . . .. Appreved Fer Release 2001/08/27 CIA-RDP79-00498A000100150080-6 1 1.1537711 we must hold, 1?11a_ ruleH?9?1ng* pajwanu G:_foanqg e?plogca-m5313 err fr??unarta ?v1?n uniar Luu1L21 my ggfm_1-. 1 in: conditions or for d-cs L3able seclal.p" 3113 is 39311633 ?i See 3m 112.111.1231 1170 111111131599, 111111111111, ??34131 w13 not_ 02 333 row _b_zhivr? pr1a113 -3 1v11 ?lm 01'1-3 cf 3112133 .an 1:01 H2113 lurni$had La its hum iguartara 1331.003383 attinding tug canfarenc-11 $112 the terms nf the agr1111nts 01* n?hw f9 -1 ?1,213 8 ?ngrz?in?; The 16m31533cnt of the cansultantg Laking mart in th cawfere?ce are net n- r-w-v' 1w?rfft, set out in ycur lettar, 319131915 no 09121..en re RL1saimJ 131 130311.1., 11-1-11 cud-rs '3 - of ?he?ga3m?ab made 1o: 10 Eging and.m1113 111111 1,to :1 l0 Sincare13.3eur?g Co??tr?ll?? damamil . 1117' the United}. Eta 4:15:11 . ?0 1 Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 ApprbiIed 7 MEMORANDUM FOR: See Distribution SUBJECT 0fficia1 Entertainment REFERENCE Memo from DCI to mu1tip1e adses., 11 Jan 74; Subject: Entertainment in the Executive Dining Room 1. Paragraph 2 of the reference memorandum is hereby amended to remove the proviso providing for any exceptions to the prohibition of using government funds for the purchase of mea1s or coffee at meetings or functions attended so1e1y by officers and emp1oyees of the U.S. Government. Authority has been requested through the FY 76 budget process for a 1imited 1ibera1ization of this po1icy and, if sustained in our appropriation, guide1ines wii1 be issued at that tine. 2. Any addressee who fee1s that a specia1 situation exists with respect to any activity of his directorate or office interagency training seminars), shou1d discuss with the Comptro11er the feasibi1ity of seeking authorization for these expenditures through the budget/appropriation process in the future. w. E. Co1by Director Distribution: OGC OLC IG Comptro11er :srirsgitissnL use one)! Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 59/9? I I UNCLASSIFIED- .- CONFIDENTIAL SECRET Approve or ease - - 80-6 EXECUTIVE SECRETARIAT Routing Slip TO: ACTION INFO DATE INITIAL I DCI 2 DDCI 3 4 /5 DDI 1/16Comp?t I4 D/Pers SUSPENSE . . mrr_._ Doie Remarks: 3637 (1.75) Date Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 STATI NTL Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 ?gipbcL . {smc . 730,130, . 3p] 1 . 11?11 :12 10 ?Cempt D/Pers 'D/s DTR a? ,1 ru vg?. "g n! SUSPENSE 7'1 . Remarks. gt?cM? as mew ?nite? the I: .7 7 I. Q?a?da (Edgar: 1:533! Wk! a; Mai-ix. 7 Emu-.12". .1 . . . . .41.. A: km -7 .- - .41..- Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6 UNCLASS ?6 OFFICIAL ROUTING SLIP .mmu 4/9/f STATINTL 7/ ACTION STATI NTL APPROVAL DISPATCH GOMEIIT FILE CONCURREIICE SIGNATURE Remarks Z5: AZ STATINTL FOLD HERE TO RETURN TO FROM: NAME. ADDRESS AND NO. UNCLASSIFIED CONFIDENTIAL 237 Ilsa pmvious dilions Approved For Release 2001/08/27 CIA-RDP79-00498A000100150080-6