LETTER TO WILLIAM J. CASEY FROM WILLIAM PROXMIRE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M00539R003205360004-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: December 22, 2009
• Sequence Number: 4
• Publication Date: January 2, 1985
• Content Type: LETTER

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EXEI'U1 SECRETARIAT
Jt&T[NG SUP
For direct respons ease, info to
DCI, Di7CI and EXDIR.
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GC
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Compt
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 IIATFIELD,ORE, Approved For Release 2009/12/22 : CIA-RDP87M00539R003205360004-6
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PAUL DANIEL K. INOUYE. HAWAII
JAKE U.H ERNEST F. HOLUNGS. B.C.
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THA D LOCH ANDREW, MISS. THOMAS F. AGLETO A. Rd MO. 'United twat`
MARK ANDREWS, N. DAX. LAWTON CHILES, , FlA
JAMES ABDNOR, S OAK. J. SENNETT JOHNSTON. LA
ROBERT W. KASTEN. JII.. WIS. WALTER 0. HUDDLESTON. KY. COMMITTEE ON APPROPRIATIONS
ALFONSE M O'AMATO N.Y. OUENTIN N. BURDICK, N. DAR.
MACK MATTINGLY. GA PATRICK J. LEAKY, VT. WASHINGTON, D.C. 20510
WARREN RUDMAN. N.U. JIM SASSER, TENN.
ARLEN SPECTER. PA DENNIS Of CONCINI, ANL
PETE V. DOMENICI. N. MEX. DALE BUMPERS. AEI.
KENNEDY STAFF DIRECTOR
FRANCIS J. SUWVAN. MINORITY STAFF DIRECTOR January 2, 1985
Mr. William J. Casey, Director
Central Intelligence Agency
Washington, D. C. 20505
Dear Mr. Casey:
Title 31, Section 638a of the U.S. Code states that government vehicles
may only be used for 'official purposes' and 'official purposes' does not in-
clude home-to-work transportation for federal employees. That legislation
provides a series of very specific exemptions: the President, Secretaries of
cabinet Departments (but not Under Secretaries, Assistant Secretaries, heads
of agencies or boards), individuals on field service great distances from their
offices, diplomatic personnel abroad and physicians on out-patient duty.
As you know, there has been a geat deal of confusion regarding the appli-
cability of the statute and its penalties. But that confusion has ben defini-
tively resolved by the Comptroller General of the General Accounting Office in
an opinion released on June 3, 1983 (B-210555). In that opinion and subsequent
responses to agencies, such as the GAO's February 7, 1984 letter to the Office
of Personnel Management (B-210555.3), the GAO has made the following points:
The prohibition on home-to-work for officials not specifically
exempted by law is absolute. It is not acceptable to argue that
the transportation was provided on an occasional, non-routine basis.
There may be no exemptions.
Transportation from the office to official functions may be provided
to non-exempt officials. But that transportation may not involve a
stop at the home for agency officials or their spouse.
When the 99th Congress begins, all agency personnel would be liable
for financial recovery by the Government, and additional penalties
outlined in Title 31, Section 638a, for improper use of government
vehicles.
In light of these rulings, I would appreciate a response as soon as possible
to the following questions:
1) Will your agency be in full compliance with the Comptroller General's
rulings by the commencement of the 99th Congress?
Boa
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2) What steps have you taken to assure that all agency officials
have been adequately informed of their legal liability under
Title 31, Section 638a? Please enclose copies of relevent
memoranda and, if no action has been taken, please outline
the reasons.
3) As of January 3rd, which officials, if any, will be eligible
to receive home-to-work transportation on an occasional or
routine basis?
4) If those do not conform to Comptroller General opinions,
explain the authority under which this servie will be
provided.
5) Has your agency sought exemptions from the Comptroller
General's opinions?
I look forward to hearing from you promptly. It is my intention to make
the replies a part of the public record.
William Proxmire, U.S.S.
WP:lpc
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