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B-193712 1 (1979-05-24)

handle is hein.gao/gaobadtte0001 and id is 1 raw text is: 
                       1,       'DIGEST -- I--0G
                                THE COMPTROLLER GENERAL
   DECISION                 . OF THE UNITED STATES 899
                       (         W~   HWASHINGTON. 0 OC. C20548




   FILE:   B-193712                    DATE:May 24, 1979

   MATTER OF: Reimbursement by Central Intelligence
                  Agency of Employee's Legal Fees

   DIGEST:        Central Intelligence Agency (CIA), may
                  reimburse its staff psychiatrist who
                  was directed to prepare psychological
                  profile of                for cost of
                  legal representation before congressional
                  investigating committees and professional
                  organizations if preparation of profile was
                  within scope of employee's duties.

     The Deputy Director of the Central Intelligence Agency (CIA) has
requested our decision on whether the CIA has authority to reimburse
                  M.D., a staff employee psychiatrist, for fees in-
curred when he retained a private attorney to counsel him in connection
with his appearance in various proceedings investigating actions by
him within the scope of his employment.

     According to the Deputy Director, Dr.      1was summoned to
appear before investigating committees (presumably congressional
committees) and was required to defend his professional conduct be-
fore the American Psychoanalytic Association, Washington Psychiatric
Society, and the Medical Society of the District of Columbia, because
a psychological profile of                he had prepared in accordance
with the instructions of his supervisors had been misused by officials
in the Nixon Administration.

     The Deputy Director has stressed the fact that Dr.      acted
within the scope of employment. In his letter to our Office, he
states:

          In no way can it be said that Dr.        difficulties
     in regard to these matters were of his own making. On the
     contrary, he exercised sound judgment by raising with the
     Agency's Director of Medical Services, the Deputy Director
     for Administration and. with the Director of Central Intelli-
     gence the question as to whether the preparation of the
     particular profile at issue was an appropriate activity for
     the Agency to undertake. He received assurances that the
     profile to be developed was required in the interest of
     national security, permitting an assessment of the proba-
     bility of continued leaks of information. He was directed







  .0                                70.

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