US OF GOVERNMENT MOTOR VEHICLES FOR THE TRANSPORTATION OF GOVERNMENT OFFICIALS AND THE RELATIVES OF GOVERNMENT OFFICIALS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M00539R003205360003-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 22, 2016
• Document Release Date: December 22, 2009
• Sequence Number: 3
• Publication Date: September 16, 1985
• Content Type: MISC

ACTION
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Executive Secretary
18 Oct 85
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185 93
BY THE U.S. GENERAL ACCOUNTING OFFICE
Report To The .Chairman, Subcommittee, On
Legislation And National Security,
Committee On Government Operations
House of Representatives
Use Of Government.' Motor Vehicles For The
Transportation Of Government Officials And
The Relatives Of Government Officials
GAO asked federal agencies for information
on the use of government motor vehicles,
during the period January to June 1985, to
transport (1) officials between their resi-
dences and their places of employment,
and (2) relatives of officials between various
Of the 128 officials GAO was told were
provided transportation between their. re
sidences and places of employment, GAO
believes that .79 received unauthorized-'.
transportation.. Of the 17 relativesof officials`.
GAO was told were provided transportation
between various locations, GAO believes,
that 7 received unauthorized transportation.
Five received transportation that sometimes
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CONTROL NO.
CROSS REF:
PRIOR PAPERS414 THIS SUBJECT: NO YES
CROSS REF'-
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GICHIERAL GOVERNMENT
DIVISION
UNITED STATES GENERAL ACCOUNTING OFFICE
WASHINGTON, D.C. 2051$
The Honorable Jack Brooks
Chairman, Subcommittee on
Legislation and National
Security
Committee on Government Operations
house of Representatives
Your April 2, 1965, letter asked us to determine the use of
government motor vehicles to transport government officials
between their residences and their places of employment.
Subsequently, your office asked us to also review the use of
government vehicles to transport relatives of government
officials between any locations, while either accompanied or not
accompanied by the government officials. Further, we were asked
to limit our review to transportation provided to officials and
their relatives within the continental United States since
January 1, 1985, and to report whether, in our opinion, the
officials and relatives of officials were authorized to receive
the transportation they were provided.
As agreed with your office, we developed information on the
use of government vehicles by federal officials and their
relatives by requesting information from the Executive Office of
the President, the 13 cabinet-level departments, the
departments' 178 subordinate organizations, and 60 independent
executive branch offices, boards, commissions, agencies, etc.
Of the total number of executive branch activities from whom we
requested information, all but the Executive Office of the
President responded concerning the use of government motor
vehicles by their officials and relatives of officials. We
examined records and otherwise verified only the information
received from the Commodity Futures Trading Commission, the
General Services Administration, and the Office of Personnel
Management.
The agencies' responses indicated that 128 officials were
provided transportation between their residences and their
places of employment. In addition, on some occasions, 17
relatives of officials were provided transportation between
various locations. Details on the 128 officials and the 17
relatives are contained in the schedules included as appendices
I and II.
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The basic authority for the use of government motor
vehicles to provide transportation for an official purpose is
contained in 31 U.S.C. 1344. It states:
"(a) Except as specifically provided by law, an
appropriation may be expended to maintain, operate,
and repair passenger motor vehicles or aircraft of
the United States Government that are used only
for an official purpose. An official purpose does
not include transporting officers or employees of
the Government between their domiciles and places
of employment except--
(1) medical officers on out-patient medical
service; and
(2) officers or employees performing field
work requiring transportation between their
domiciles and places of employment when the
transportation is approved by the head of
the agency.
(b) This section does not apply to a motor
vehicle or aircraft for the official use of--
(1) the President;
(2) the heads of executive departments
listed in section 101 of title 5; or
(3) principal diplomatic and consular
officials."
In addition, there are other authorizations applicable to
the use of government motor vehicles related to specific
agencies or specific agency officials. The authority for
transportation of officials and relatives of officials, as cited
in the agencies' responses, is shown in the schedules in
appendix II.
On the basis of our review of the information contained in
the responses from the government agencies, departments, and
subordinate organizations, we believe that 79 officials have
received transportation in government motor vehicles between
their residences and places of employment that they were not
authorized to receive. This represents about 62 percent of the
officials that were receiving transportation, according to the
information we were provided. In addition, we believe that 7 of
the 17 relatives receiving transportation in government motor
vehicles were not authorized to receive it. Also, five
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F3-210555
relatives received transportation in government motor vehicles
that part of the time was authorized and part of the time was
not authorized.
Schedules showing the agencies in which officials are
receiving government transportation between their residences and
places of employment, the number of such officials involved, the
relatives of officials in these agencies receiving government
transportation between various locations, and our opinion on
whether such transportation was authorized are contained in the
schedules included as appendices I and II.
The conclusions in appendix II regarding the authority, or
lack of authority, for the cited transportation represent the
preliminary views of our Office of General Counsel based on its
review of the information provided by the agencies in response
to our requests for information. Those conclusions should not
be treated as formal decisions of the Comptroller General.
Substantial further legal and factual review, including allowing
each official the opportunity to provide any additional
justification the official deems appropriate, would be necessary
in each case before formal decisions could be made. As agreed
with your office, we did not obtain comments from agency
officials on our preliminary views.
As arranged with your office, unless you publicly announce
its contents earlier, we plan no further distribution of this
report until 30 days from the date of the report. At that time,
we will send copies to interested parties and make copies
available to others upon request.
We trust this information satisfies your request.
Sincerely yours,
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SUF4IARY INFORMATIGN GN THE 128 OFFICIALS
AND 17 RELATIVES PROVIDED TRANSPORTATION
IN GOVEFVMLNT VEHICLES DURING THE PERIOD
JANUARY 1 TO JUNE 30, 1985
Government officials provided Relatives of officials provided
transportation between transportation between
home and place of work various locations
Number Number Partially
Provided Provided Authorized/
Agency Transportation Authorized Not Authorized Transportation Authorized Not Authorized Not Authorized
Agency for Inter-
national Develop-
ment 1 1
Department of
Agriculture 1 1
Arms Control and
Disarmament Agency 1
Central Intelligence
Agency 2 2
Department of Commerce 1 1 1
Department of Defense 13 11 2 6 2 1 3
Department of Education 1 1 1 1
Department of Energy 14 1 13
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Central Intelligence Agency
3 1 MAY 1985
United States General Accounting Office
Attention: Hugh Pollon
Room B-242
General Services Administration Building
18th and F Streets, N.W.
Washington, D.C. 20405
10 JA
Rr_ t,r
Dear Mr. Pollon:
In response to Mr. James G. Mitchell's request of May 6,
1985, I have enclosed completed forms which identify the
Director and Deputy Director of the Central Intelligence Agency
as government officials who are provided official government
transportation between their residences and places of
employment. I have also enclosed a letter previously addressed
to Senator William Proxmire which provides specific information
on the application of our statutory authority in this matter.
Sincerely,
Enclosures
/8/Charles A. Briggs
Charles A. Briggs
Director, Office of Legislative Liaison
1. Forms
2. Proxmire Memo
Distribution:
Orig - Addee
1
- D/OLL 1-OL/Files
1
- ER 1-D/L Chrono
DA 2-OL/HOME
STAT OL/HO /ba (14 May 1985)
V . ,0 0
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INFORMATION RFOUPST FORM
1. Government officials that have been provided home-to-work
transportation since January 1, 1q85 in Qovernment-owned or
Qovernment-leased vehicles includina vehicles with or
without a driver. Use a separate form for each official.
If none please so indicate.
a. NAME OF GOVERNMENT OFFICIAL: William J. Casey
b. TITLE OR POSITION OF GOVERNMENT OFFICIAL:
Director of Central Intelligence Agency
c. AUTHORITY OR JUSTIFICATION FOR HOME-TO-WORK
TRANSPORTATION:
Section 8 of the CIA Act of 1949, as amended (50U.S.C.
403j)
d. FREOUENCY OF ROME-TO-WORK TRANSPORTATION (select
Daily )CXX
times per week
times per month
Other (describe)
e. INDICATE WHFTHER VEHICLE IS OWNED OR LEASED:
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2. Relatives of the government official identified in part 1
that have been provided transportation, since January 1,
1985,-in government-owned or government-leased vehicles,
including vehicles with or without a driver, when not
accompanied by the government official. If none please so
indicate. None
a. NAME OF RELATIVR PROVIDED TRANSPORTATION:
b. RELATIONSHIP TO GOVERNMENT OFFICIAL:
c. FREOUENCY OR OCCASION:
d. AUTHORITY OR JUSTIFICATION:
e. INDICATE WHETHER VEHICLE IS OWNED OR LEASED:
3. Written instructions, statement of policy, or explanation
of authority concerning home-to-work transportation
furnished to any government official identified in part 1
above. If none please so indicate.
STAT Headquarters Notic~ dated 22 January 1985 --
"Provision of Official Transportation from Home-to-Work" (attached)
DESCRIPTION (also provide a copy):
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4. Individual who can be contacted concernina any of the data
shown on this form.
a. NAME:
b. TITLF OR POSITION: Chief, Headquarters Operations, Maintenance
and Engineering Division, Office of Logistics
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 1TYTIT0T01mTV! - TaiTDDUar- now Aar v 11.-I
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,G.d
This Notice Expires 1 August 1985
22 January 1985
1. Title 31, Section 638a of the O.S. Code states that Government
vehicles may be used only for 'official purposes' and 'official purposes'
do not include 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.
2. There has been some confusion regarding the applicability of the
statute and its penalties. That confusion has been definitively resolved
by the Comptroller General of the General Accounting Office (GAO) in an
opinion (B-210555) released on 3 June 1983. In that opinion and
subsequent responses to agencies, such as the GAO's 7 February 1984
letter (B-210555.3) to the office of Personnel Management, the GAO has
made the following points:
a. The prohibition on home to work transportation 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.
b. Transportation from the office to official functions may be
provided to nonexempt officials. Such transportation may not involve
a stop at home for officials or their spouses.
c. All personnel are liable for financial recovery by the
Government for penalties outlined in Title 31, Section 638a of the
U.S. Code, for improper use of Government vehicles.
3. The Agency has separate authority (Section 8 of the Central
Intelligence Agency Act of 1949) which authorizes it to provide home to
work transportation. Generally, in the United States, only the Director
of Central Intelligence and the Deputy Director of Central. Intelligence
are authorized regular chauffeured home to work transportation. Beyond
that, this matter is governed by the referenced Agency regulations which
generally are in conformance with the above.
Barry E. Fitzwater
Deputy Director
for
Administration
STAT
ADMINISTRATIVE - INTERNAL USE ONLY
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INFORMATION RFOUFST FORM
1. Government officials that have been provided home-to-work
transportation since January 1, 1985 in government-owned or
government-leased vehicles includina vehicles with or
without a driver. Use a separate form for each official.
If none please so indicate.
a. NAME OF GOVERNMENT OFFICIAL: John N. McMahon
b. TITLE OR POSITION OF GOVERNMENT OFFICIAL:
Deputy Director of Central Intelligence Agency
c. AUTHORITY OR JUSTIFICATION FOR HOME-TO-WORK
TRANSPORTATION:
Section 8 of.the.CIA Act of 1949, as amended (50U.S.C
403j)
d. FREOUENCY OF ROME-TO-WORK TRANSPORTATION (select one):
Daily )?IX
times per week
times per month
Other (describe)
e. INDICATE WHETHER VEHICLE IS OWNED OR LEASED:
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2. Relatives of the government official identified in part 1
that have been provided transportation, since January 1,
1985, in government-owned or government-leased vehicles,
including vehicles with or without a driver, when not
accompanied by the government official. If none please so
indicate. None
a. NAME OF RELATIVE PROVIDED TRANSPORTATION:
b. RELATIONSHIP TO GOVERNMENT OFFICIAL:
c. FREOUENCY OR OCCASION:
d. AUTHORITY OR JUSTIFICATION:
e. INDICATE WHETHER VEHICLE IS OWNED OR LEASED:
3. Written instructions, statement of policy, or explanation
of authority concerning home-to-work transportation
furnished to any government official identified in part 1
above. If none please so indicate.
Headquarters Notice dated 22 January 1985,
"Provision of Official Transportation from Home-to-Work" (attached)
DESCRIPTION (also provide a copy):
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4. Individual who can be contacted concerning any of the data
shown on this form.
a. NAME:
b. TITLF OR POSITION: Chief, Headquarters Operations, Maintenance and
Engineering Division, Office of Logistics
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 STAT
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17 JAN 1985
The Honorable William Proxmire
United States Senate
Washington, D.C. 20510
Dear Senator Proxmire:
This is in response to your letter of 2 January 1985 regarding use of
government vehicles.
Section 8 of the CIA Act of 1949, as amended (50 U.S.C. 403j), provides
"notwithstanding any other provisions of law, sums made available to the
Agency by appropriation or otherwise may be expended for purposes necessary to
carry out its functions, including . . . transportation of officers and
employees of the Agency in Government-owned automotive equipment between their
domiciles and places of employment, where such personnel are engaged in work.
which makes such transportation necessary . . . ." In the United States,
regular chauffeured bane-to-office transportation is provided to the Director
and Deputy Director of Central Intelligence. The Agency's unique
responsibilities to protect these individuals from threats to their personal
safety and to safeguard classified documents in their possession is supported
by that practice. This information was provided to the General Accounting
Office on 2 February 1983 (a copy of that letter to Mr. Frank C. Conahan is
enclosed) in response to its request and was published in its report to
Congress dated 28 February 1983. The Agency has not received any
communications reflecting disagreement with this policy.
The Agency's separate authority is applied pursuant to Agency regulations
for the use of Government-owned vehicles. Those regulations specify that the
Deputy Director for Administration has authority to approve the use of Agency
vehicles as situations warrant.
Enclosed is a copy of our Headquarters Notice on this subject which is to
be published next week. We believe that the policy set forth in this Notice
is in general compliance with the June 3, 1983 Comptroller General decision.
I trust this information fulfills the requirements of your request.
Sincerely,
/s/Charles A. Eriggs
Charles A. Briggs
Director, Office of Legislative Liaison
Enclosures:
As stated
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WI AL OOVOINMQR
OIVI/ION
UNITED STATES GENERAL ACCOUNTING OFFICE
WASHINGTON, D.C. 20548
MAY 6 1985
The Honorable William J. Casey, Director
Central Intelligence Agency
Dear Mr. Casey:
Executive Registry
85-
32
The General Accounting Office has been requested by the
Chairman of the Subcommittee on Legislation and National Secur-
ity, House Committee on Government Operations, to determine
which government officials have been provided government trans-
portation between their homes and their places of employment in
the United States since January 1, 1985, and to obtain other re-
lated information. This work is being performed under GAO's
assignment code 014010.
In order to meet the Chairman's request for our expeditious
response, we request that within ten calendar days from the date
of this letter your agency complete the attached information re-
quest form and return it to:
United States General Accounting Office
Attention: Hugh Pollon
Room B-242
General Services Administration Building
18th and F Streets, N.W.
Washington, D.C. 20405
Please prepare a separate form for each official who has
been provided home to work transportation or return the form
with a negative response when that is applicable. Also please
show in part four on the form the name of an agency representa-
tive we may contact in the event we may wish to clarify or
verify any of the information provided.
If you should have any questions or wish further informa-
tion about this request, you may call Hugh G. Pollon or Tyrone
Mason on 557-7944.
Sincerely yours,
ames G. Mitchell
Senior Associate Director
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EXECUTIVE SECRETARIAT
ROUTING SLIP
ACTION
INFO
DATE
INITIAL
1
DCI
X
2
DDCI
X
3
EXDIR
X
4
D/ICS
5
DDI
6
DDA
X
7
DDO
8
DDS&T
9
Chm/NIC
10
GC
11
IG
12
Compt
13
D/Pers
14
D/OLL
15
D/PAO
16
SA/IA
17
AO/DCI
18
C/IPD/OIS
19
NIO
0
21
22
Date
A Y::: IH85
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UNITED STATES GENERAL ACCOUNTING OFFICE
WASHINGTON, D.C. 20548
GENERAL GOVERNMENT
DIVISION
MAY 6 1985
The Honorable William J. Casey, Director
Central Intelligence Agency
Dear Mr. Casey:
The General Accounting Office has been requested by the
Chairman of the Subcommittee on Legislation and National Secur-
ity, House Committee on Government Operations, to determine
which government officials have been provided government trans-
portation between their homes and their places of employment in
the United States since January 1, 1985, and to obtain other re-
lated information. This work is being performed under GAO's
assignment code 014010.
In order to meet the Chairman's request for our expeditious
response, we request that within ten calendar days from the date
of this letter your agency complete the attached information re-
quest form and return it to:
United States General Accounting Office
Attention: Hugh Pollon
Room B-242
General Services Administration Building
18th and F Streets, N.W.
Washington, D.C. 20405
Please prepare a separate form for each official who has
been provided home to work transportation or return the form
with a negative response when that is applicable. Also please
show in part four on the form the name of an agency representa-
tive we may contact in the event we may wish to clarify or
verify any of the information provided.
If you should have any questions or wish further informa-
tion about this request, you may call Hugh G. Pollon or Tyrone
Mason on 557-7944.
Sincerely yours,
a, -ci.7l(.ZGW
James G. Mitchell
Senior Associate Director
V~~DO
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1. Government officials that have been provided home-to-work
transportation since January 1, 1q85 in government-owned or
government-leased vehicles includina vehicles with or
without a driver. Use a separate form for each official.
If none please so indicate.
a. NAME OF (OVERNMENT OFFICIAL:
b. TITLE OR POSITION OF GOVERNMENT OFFICIAL:
c. AUTHORITY OR JUSTIFICATION FOR HOME-TO-WORK
TRANSPORTATION:
d. FREOUENCy OF HOME-TO-WORK TRANSPORTATION (select one):
times per week
times per month
Other (describe)
e. INDICATE WHETHER VEHICLE IS OWNED OR LEASED:
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2. Relatives of the government official identified in part 1
that have been provided transportation, since January 1,
1985, in government-owned or aovernment-leased vehicles,
including vehicles with or without a driver, when not
accompanied by the government official. If none please so
indicate.
a.
NAME OF RELATIVF PROVIDED TRANSPORTATION:
b.
RELATIONSHIP TO GOVERNMENT OFFICIAL:
c.
FREOUENCY OR OCCASION:
d.
AUTHORITY OR JUSTIFICATION:
e.
INDICATE; TATHF.THRR VEHICLE IS OHTNED OR LEASED:
3. Written instructions, statement of policy, or explanation
of authority concerning home-to-work transportation
furnished to any government official identified in part 1
above. If none please so indicate.
DESCRIPTION (also provide a copy):
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 ? 0dIlI1ILeU L0py HPPIUVeU IUI ICCICdSC LUUU/ IL/LL . I~IH-ICUI"o/IVIUUUJ~ICUUJLUUJt7UUUJ-/
4. Individual who can be contacted concerning any of the data
shown on this form.
a. NAME:
b. TITLE OR POSITION:
c. PHONE:
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