ROUTING AND RECORD SHEET TO LEGISLATIVE COUNSEL FROM MICHAEL J. MALANICK

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001200020016-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 15, 2016
• Document Release Date: June 9, 2004
• Sequence Number: 16
• Publication Date: November 6, 1978
• Content Type: FORM

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oprovedFAr goeON (2004/07/08: CIA-RD~B MO698
I ROUTING AND RECORD Ski
-56
SUBJECT: (Optional)
EN NO.
FROM:
STAT DDA 78-4178/1
7 ?'1 DATE 8
7D-24g H~~77s. STA 6 NO V /~~p 1n 9
[1
TO: (Officer designation, room number, and
building)
DA
TE
H
COM MENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
Legislative Counsel
Forwarded for your use 1n v
preparing the DCI's response to
?
Senator Proxmire's letter regard-
ing Agency use of vehicles is a
draft letter and a fact sheet
3?
patterned after the 1977 response.
The figures have been updated and
I have checked with Jim Harris
a?
of OGC to ensure that no changes
in the statutes and regulations
have occurred.
:5.
Would you kindly forward a
copy of the final response to
~5.
the Office of Logistics ,as well
as this office.
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FORM 61 0 USE PREVIOUS ^ SECRET ^ CONFIDENTIAL ^ INTERNAL
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 DRAFT 6 Nov 78
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STAT
Honorable William W. Proxmire, Chairman
Subcommittee on Priorities and Economy in
Government
Joint Economic Committee
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
This is in response to your letter of 26 October 1978 regarding
the use of official vehicles by the Central Intelligence Agency. I
am enclosing a fact sheet which I believe is fully responsive to your
queries. The paragraphs are numbered to correspond with the numbers
of the questions in your letter.
You will find that the justifications cited for use of Government-
owned vehicles by the Deputy Director of Central Intelligence (DDCI)
and myself primarily relate t4
STAT
protection against possible threats to personal safety and communications
efficiency. An additional benefit derived is the extension of the normal
workday permitted the DDCI and me through such use.
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STAT
I will be pleased to provide any additional information you might
need to satsify your concerns.
Yours sincerely,
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1. The only Agency officials driven to and from home are the
Director of Central Intelligence (DCI) and the Deputy Director of
Central Intelligence (DDCI).
2. Other than the officers noted above, no vehicle is assigned
to any one individual for his or her exclusive use.
3. The relevant provisions of 31 U.S.C. 638a(c) provide:
Unless otherwise specifically provided, no appropriation
available for any department shall be expended--...
(2) for the maintenance, operation, and repair of any
Government-owned passenger motor vehicle or aircraft not used
exclusively for official purposes; and "official purposes" shall
not include the transportation of officers and employees between
their domiciles and places of employment, except in cases of
medical officers on out-patient medical service and except in
cases of officers and employees engaged in field work the
character of whose duties makes such transportation necessary
and then only as to such latter cases when the same is approved
by the head of the department concerned....
Section 101-39.602-1 of the Federal Property Management Regu-
lations (41 CFR 101-39.602), promulgated pursuant to the cited section,
states:
(a) Officers and employees of the Government shall use
Government-owned or leased vehicles for official purposes only.
"Official purposes" does not include transportation of an officer
or employee between his place of residence and place of employ-
ment, unless authorized under the provisions of 31 U.S.C. 638a(c)(2),
or other applicable law.... (Emphasis added.)
Both the statute and regulations recognize the possibility of
the existence of other statutory authority which may provide for the
provision of transportation notwithstanding the prohibition contained
in 31 U.S.C. 638a. We believe such authority is contained in the CIA
Act of 1949, as amended, at section 8(a). (50 U.S.C. 403j). The
pertinent language states:
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5. The cost of chauffeurs of these vehicles, including overtime
pay, for the past 12 months was:
DCI :
Salary, $14,622;
Overtime, $12,322;
Total: $26,944
DDCI:
Salary, $15,538;
Overtime, $11,423;
Total: $26,961
6. The cost of these vehicles, including maintenance, repair, gas
and oil, was:
DCI : 1977 Chevrolet driven 14,200 miles at a total
cost of $1,020.
DDCh 1976 Chevrolet driven 10,688 miles at a total
cost of $1,004.
NOTE: In addition to the above-mentioned primary vehicles, there
are two vehicles for use by the above-named officials when the primary
vehicle is out of service. When not being used for the DCI or DDCI,
these backup vehicles are used for normal official business of the
Agency. The cost of these backup vehicles was:
DCI backup : 1973 Chevrolet driven 4,762 miles at
a total cost of $230.
DDCI backup: 1972 Chevrolet driven 1,232 miles at
a total cost of $579.
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INITIAL
7 Govember':for final ..DCI
rant r~
Remarks:
To 6 --Please provide draft response to
LegCounsel by: 6Noveuber.
5) What is the annual cost of the chauf
vehicles, including their overtime pay?
EXECUTIVE SECRETARIAT (O/DCI)
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#XECUTIV# OMECfOR
October 26, 1978
Admiral Sta.nsfield Turner
Director
Central Intelligence Agency
Washington, D.C. 20505
Dear Admiral Turner:
Title 31, Section 638a of the U.S. Code states that government
automobiles may only be used for "official purposes" and that
"official purposes" does NOT include being driven to and from home.
In addition, cars may not Te assigned for the exclusive use of
officials. There are some exceptions to the law, namely the
President, T-IE.Secretary of a Department (not under secretaries,
heads of agencies, boards, etc.), doctors on out-patient duty,
individuals on field service great distances from their offices, etc.
I would therefore like to make the following inquiries about the use
of cars under your jurisdiction.
1) What officials by title, if any, are driven to and from-home?
2) To what officials is a car assigned for his or her exclusive use?
3) If an official
is
driven to and from home, in view of Title 31,
Section 638a, what
is
the specific legal justification for the
practice? Please
cite
the precise language of the law.
4) If any official not exempted by Title 31, Section 638a is driven
to and from home, how is the practice justified in view of the energy
shortage and the fact that such a practice means four trips a day
instead of two trips a day?
5) What is the annual cost: of the chauffeurs or drivers of such
vehicles, including their overtime pay?
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6) What is the annual cost of the vehicle in terms of depreciation,
maintenance, gas, oil, etc?
I would appreciate an early and prompt reply. It is my intention
to make the replies a part of the public record.
Wliam Proxmire
Chairman, Subcommittee on
Priorities and Economy in
Government, Joint Economic Committee
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