LETTER TO JOSEPH CAMPBELL FROM C.P. CABELL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R003400140008-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: January 7, 2003
• Sequence Number: 8
• Publication Date: July 2, 1960
• Content Type: LETTER

OGC Has Reviewed
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The Comptroller Cle
Honorable Joseph qw2,41:amplI11211
of the United States
Washington 25, D. C.
2 JUL 1960
16,
Dear Mt. Campbell:
This AgenCY anpinye * nuMber of highly trained specialists who use
equipment in their work which requires either normal or correctel-to-
normal vision. Many of thole gpecialists require eyeglasses which they
have in the past been able to wear while operating this special equipment.
Howeverl.this Agency is replacing the equipment with new machinery of
improved design which cannot be used effectively while the operator is
wearing conventional eyeglasses.
The Agency has expended a great deal of time and money in the
training of these specialists and has the desire neither to lose their
services nor to impede their efficiency. It has been determined by a
comprehensive study of the problem that those epecialists requiring vision
correctives could wear contact lenses successfully in operating the new
equipment. It Is believed proper that the Agency ehold purchase these
lenses from appropriated funds.
The Agency's continuing replacement of its old equipment with the
new, more efficient apparatus, capable of producing a finer vent/ of
work, is creating new conditions which are making these seasoned employees,
Who were fully qualified when assigned originally to their specialized
duties, increasingly unable to fulfill their assignments. To require
these emplwees to purchase contact lenses would plane an undue financial
burden on them, since contact lenses are very costly in comparison with
ordinary aleglaasas. Yet without such lenses these employees vill soon
become so ineffeetive as not to be able to continue in their specializations.
In Short, since the operation of this new special egpipment has become
a necessary part of the duties of these experts which eannot be fulfilled
while wearing ordinary eyeglasses the Agency's mission in this special
area can no longer be accomplished expeditiously and satisfectorily without
fitting these employees with contact lenses. Therefore, it is felt that
the Agency could justifiably purchase the lenses as an expense necessary
to the efficient fUlfillment of its mission.
/
(EYE PT"'
e
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It is my view that the special circumstances making contact lenses
necessary in this case are unusual and do not describe a situation in
which the employee can be expected to provide his own equipment as usual
and necessary furnishings to enable him to perform the regular duties of
the position for which be vas engaged. Authority on this; issue is found
in 3 COMP GEM 433 (1924) and reaffirmed, in principle, in 32 MPG= 229
(1952):
In the absence of specific authority for the purchase of
personal equipment, particularly wearing apparel thereof, the
first question for consideration in connection with a proposed
purchase of such equipment is whether the Object for which the
appropriation involve& was made can be accomplished as expedi-
tiously and satisfactorily from the Government's standpoint
without such eqpipment. If it be determined that use of the
equipment is necessary to the accomplishment of the purposes of
the appropriation, the next question to be considered is whether
the equipment is such as the employee reasonably could be required
to furnish as part at the personal equipment necessary to enable
him to perforn the regular duties of the position to which he
was appointed or for which his services were engaged. Unless
the answer to both of these questions is in the negative, public
funds cannot be used for the purchase. In determining the first
of these questions, there is for consideration whether the Govern-
ment or the employee receives the principal benefit resulting from
use of the equipment, and whether an employee reasonably could be
required to perform the service without the equipment. In cooe
nection with the second question, the points ordinarily involved
are whether the equipment is to be used by the employee in con..
nection with his regular duties or only in emergencies or at
infreqeent intervals and whether such equipment is assigned to an
employee for individual use or is intended for and actually to be
used by different employees.
In view of these facts, this Agency requests your opinion, first
whether it can purchase from appropriated funds contact lenses for experts
who are assigned to operating this special new equipment, and second,
whether any new employees trained for this specialised work, may also be
supplied with contact lenses at Government expense.
Alf;T.,7,0e 'zj4p
Sincerely,
C. P. Cabe11
General, USAF
Acting Director
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29 JUN 1960
MEMORANDUM POI, Acting Director of Central Intelligence
SUBJECT: Contact Lenses for PIC Personnel
-j/
1. This memorandum contains a recommendation for action in para-
graph 9 for the Acting Director of Central Intelligence.
2. Photographic Intelligente Center is utilizing, to an increasing
extent, high magnification optical devices which cannot be operated
effectively while the viewer is wearing ordinary eyeglasses. PIC has
recommended, therefore, after study of the problem, that it be authorized
to purchase contact lenses for certain personnel who are required to
wear vision correctives to achieve normal vision and who operate these
tubular optical devices In their work. The only alternative to contact
lenses would entail the modification of all tubular optical systems
requiring a very heavy money outlay and a considerable time loss for
engineering and actual modifications.
3. At present there are approximately 20 PIC employees who would
be fitted with contact lemma if approval is received. Such lenses
cost approximately $175 per pair for fitting and purchase.
4. If approval is received, Medical Staff is of the opinion that
it should retain a continuing control over each case in which such lenses
are required. Medical Staff would conduct an initial examination to
determine, where possible, whether the individual could wear contact
lenses successfully. It would then refer employees it believed had
excellent chances of successfully adapting to wearing contact lenses to
local optometrists and ophthalmologists.
5. No restrictions would be placed on the employee's wearing the
lenses while engaged in other than his official duties since such use
would hasten his complete adaption to their continuous use.
6. There appeared to be a sufficient legal question for the Office
of General Counsel informally to contact the General Accounting Office
and seek its advice. Mr. John Moore of GAO stated, after some research,
that he believed there was a reasonable chance the Comptroller General
would approve the use of appropriated funds for this purpose. He recom-
mended, therefore, that in advance of any purchase a formal opinion be
sought from the Comptroller General as to its legality.
T. The attache& letter has been prepared for the Acting Director's
signature (as required by law) requesting such an opinion. In addressing
the letter separately to the issues of those present employees rewiring
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vision correctives and of future employees who might require such, this
Office is following Hr. Moore 'arecommendation based on the belief
that, even if the Comptroller General were to hold in favor of expending
appropriated funds for lenses for present employees, it is unlikely he
mild be able to extend this opinion to include future employees.
8. The problem has been stated in the letter to the Comptroller
General in general terms in order to make the correspondence unclassified.
9. It is recommended that the Acting Director of Central Intelli-
gence sign the attached letter to the Comptroller General.
Attachment
CONCIEUCENCES:
enotograpnie Intelligence Center
Comptrol
Deput/ Director I Support)
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LAWRENCE R. HOUSTON
General Counsel ,
Date
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