PARKING LEGISLATION BACKGROUND SHEET AND TALKING POINTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000600060037-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 16, 2016
• Document Release Date: December 2, 1998
• Sequence Number: 37
• Content Type: REPORT

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PARKING LEGISLATION
BACKGROUND SHEET AND TALKING POINTS
BACKGROUND
(1) To date in the 96th Congress there have been
five "Parking" bills introduced:
?-- H.R. 3376, introduced by Representative
Charles E. Grassley (R., Iowa);
-- S. 871, by Senator Pete V. Domenici
(R., N. M.)
-- H.R. 3680, by Representative Larry J. Hopkins
(R., Ky.)
-- H.R. 3541, by Representative Robert Whittaker
(R., Kansas); and,
-- S. 930, by Senators Charles H. Percy and
David F. Durenberger (R., Minn.)
In addition, to the above listed bills, Representative
Charles Wilson (D., Texas) has introduced a Concurrent
Resolution (H. Con. Res. 112) which would require payment of
reasonable fees for the use of congressional parking spaces.
(2) In response to the President's recently articulated
determination to require Federal employees to pay for parking
in order to encourage more energy efficient means of transpor-
tation, the Office of Management and Budget forwarded to the
Heads of all Executive Departments and Establishments for
comment a Draft Circular proposing to charge all Federal
employees for parking.
(3) On 30 July, the Senate Governmental Affairs
Committee (SGAC) will begin to hold hearings on S. 930, the
"Federal Employee Parking Act."
(4) S. 930 would amend Title V of the National Energy
Conservation Policy Act to levy parking fees against privately
owned motor vehicles parked in connection with employment,
business or visitation at Federal offices or installations.
(5) S. 930 calls for a parking assessment "within the
range of charges or fees generally applicable for public
parking purposes in similar facilities [defined in subsection
(b) of the Bill] in the same general locality."
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(6) The Bill goes on to state in subsection (b) that
should "similar facilities" not exist in nearby areas, "a
fee shall be assessed which reflects fees charged in any
public or private parking facility in a comparable area
elsewhere in the [U.S.]."
(7) S. 930 would exempt from parking assessment only
those "parking facilities provided in connection with any
Federal employee's residence, including, but not limited to,
housing and visitation facilities at military bases and
installations."
TALKING POINTS
-- CIA's response to OMB's Draft Circular was to
endorse the purpose of the circular with respect to
personnel employed at Federal facilities located in
urban areas (downtown Washington, Rosslyn, Crystal
City, etc. and in other major U.S. cities) but to
request a waiver or exemption for personnel employed in
facilities located in outlying areas [note: same
Agency position taken in May, 1972, no OMB response to
latest response).
-- uniqueness of Agency mission and security
requirements;
-- cover considerations prevent employees from using
either public transportation or carpooling with
overt. employees.
-- it has been Agency policy not to encourage personnel
under cover to regularly ride public transportation
to overt Agency buildings.
-- necessity of evening and weekend activity at Agency
facilities precludes carpooling which functions on
the assumption of uniform quitting times.
-- isolation of HQs compound: paucity of public
transportation.
OLC:RJW:s.f (17 July 1979)
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TAB
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_ ?~-: I:uriF~Jirvg Atferl~TP'ost)
1?_,,.. Deputy Director for AdminiE
pp l1
Requested
mment
For Clearance
For Correction
For Your Information
Investigate .__
Note and Return
Per Conversation
Prepare ReR1Y~__.
Se+a PAS
signature
Believe most of the action on OMB Circular No.
A-118 (attached) rests with the DDA, and more
specifically with Logistics. There are a number
of action requirements the Agency must address
including particularly those outlined in Para-,
graphs 10.b., 13, and 14. The Comptroller will
have to sort out with your staff the.. information
needed to respond to the requirements-of. Para-
graph 13 after you come up, with an ;implementing
plan for dealing with the-parking problem. The
report required by Paragraph 14 should be sent
to this. Office..for transmittal to OMB via ,our;y__,
(over)
Examiner.
DO NOT -use this form, as a RECORD of approvals, concurrences, disposals.
~..,sc and similar actions
symbol, Agency/Post) Room Na--i3tdg.
Acting comptroller
5011-102
'U.S. G.P.O. 1977-241-530/3090
OPTIONAL FORM 41 (Rev. 7-76)
prescribed byy GSA
FFMR (41 Cr) 101-11.240
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EXECUTIVE OFFICE OF THE PRESIDENT
3 OFFICE OF MANAGEMENT AND BUDGET
August 13, 1979 CIRCULAR NO. A-118
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Federal Employee Parking Facilities
1. Purpose. This Circular establishes policy governing the
acquTaition and allocation of Federal parking facilities and
the establishment and determination of charges to be paid
for the use of such parking by Federal employees, contractor
employees and other facility tenants.
2. Coverage. The provisions of this Circular apply to
Federal parking facilities in the United States, its
territories and possessions, the commonwealth of Puerto Rico
and the Canal Zone under the jurisdiction of the executive
branch, excluding those operated by the Government of the
District of Columbia and the United States Postal Service.
The Office of Management and Budget urges elements of the
Government not covered by this Circular to adopt similar
policies.
At facilities jointly shared by an agency covered in this
Circular with a governmental agency not covered (e.g. a
building jointly shared by GSA and the Postal Service), when
the facility is operated by an agency covered by this
Circular, this Circular shall apply to all users of the
parking facility. When the parking facility is operated by
an agency not covered by this Circular, it is strongly
suggested an agreement be reached among the affected
agencies to follow the policies in this Circular. Employees
of governmental entities, including the judicial and
legislative branches located in facilities operated by GSA
or other executive branch agencies, are covered by the
provisions of this Circular. In any case, a uniform system
shall be established to provide equal treatment for all
users of the facility.
3. Background. There are many reasons for deciding to
charge for parking at certain Federal installations and to
further promote carpooling at all Federal installations.
Several agencies (the Departments of Transportation and
Energy, and the Environmental Protection Agency) have
policies which attempt to encourage more efficient
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automobile use through private employers and State and local
government. It is difficult for those agencies to promote
such policies when the Federal Government -- as the nation's
largest: employer -- does not have comparable in-house
practices.
The energy constraints on our nation are already requiring
changes in driving patterns. The home-to-work trip by car
is the most routine and predictable component of all driving
and accounts for over 40% of all household automobile
mileage. Because the commuter's trip is so predictable, it
is also the most adaptable to regular carpool or vanpool
arrangements, and to mass transit use. Yet, over 75% of
automobiles used for commuting have only one occupant.
Free or low-cost parking biases an employee's decision on
whether to drive alone, carpool or use public transit for
commuting. Therefore, a basis for charging for the use of
parking facilities needs to be established which is
equitable among employees and consistent with related
policies regarding air quality, energy conservation and
reduced traffic congestion.
In the Washington, D.C. metropolitan area, where the Federal
Government is the dominant employer, the policy described in
this Circular will contribute to that area's compliance with
the timetables for improving ambient air quality set forth
in the 1977 amendments to the Clean Air Act.
The policy of charging for parking is aimed at Federal
installations and offices primarily in densely populated
urban locations where commercial practice is to charge for
the use of parking spaces. By offering free or low cost
parking in those locations, the government has contributed
to traffic congestion, energy consumption and air pollution.
In addition, at many downtown locations only a few Federal
employees have free or low-cost parking. any Federal
employees in urban locations already pay to park in
commercial garages or pay mass transit fares every day.
This Circular also instructs agencies to institute more
effective carpooling incentives. This aspect of the policy
will be especially important at those large suburban and
rural installations which have large parking facilities and
would not have a parking fee. Where private sector
employees work near a Federal office or installation, they
too would be eligible members of a carpool comprised of
Federal employees. The Federal Government will also be
working with State and local governments and private
employers to encourage more widespread carpooling practices.
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4. Poli It is the general policy of the executive
branc - to limit Federal installation parking facilities to
the minimum necessary, to administer those facilities in
full compliance with carpooling regulations, and to assess
Federal employees, contractor employees and tenant employees
who are provided parking in Government-controlled space a
charge equivalent to the fair monthly rental value for the
use of equivalent commercial space, subject to the terms,
exemptions and conditions stated in this Circular.
5. Exemptions from Fees. At certain locations and under
certain conditions employees and others using parking may be
exempted from a fee, as discussed below.
a. Shift work and weekend duty. Employees whose
scheduled duty hours are established as a shift starting or
ending outside of an agency's normal working hours may be
exempted from the fee schedule. This definition would
include, for example, employees on so-called "swing" or
"midnight" shifts, but not include employees on flextime or
overtime. This exemption would be most applicable at
locations where insufficient numbers of employees are
scheduled for the particular shift to make carpooling
feasible.
b. Exempt vehicles. Two-wheeled vehicles shall be
exempt from a fee schedule. As an incentive to encourage
vanpooling, vanpools shall be exempt from a fee schedule
through September 30, 1981. A vanpool must have 8 to 15
regular members to qualify for exemption from fees.
c. Nonwork locations. No fee schedules are required
for the use of parking spaces by visitors or patrons at
cemeteries, commissaries, post theaters, exchanges, chapels
and similar service facilities. No fee schedules are
required for the use of parking spaces at government
furnished quarters.
d. Hospitals. Patients and patient visitors may be
exempted from a fee for parking at Federal hospitals.
e. Visitor parking. Visitors may be exempted from a fee
for parkin' in government-provided parking spaces.
f. Shared facilities. At locations where government
agencies occupy a portion of a privately-owned facility
where no specific parking areas are. assigned to individual
employers for their employees' use and where all employees
are provided free parking, the government employees may be
exempted from a requirement to pay for parking. Agency
heads at such locations should be especially diligent to
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encourage carpooling. Efforts should be made to have
building owners at such locations establish reserved parking
areas for carpools. Under FPMR 101-10.117, appropriate
agency contracting offices shall endeavor to amend lease
contracts to accomplish the policies of this Circular.
g. Government-owned vehicles. No fees will be required
for spaces used by government-owned or government-leased
vehicles.
h. Members of Congress and Judges. No fee is required
for parking spaces in executive branch facilities assigned
for security purposes to Members of Congress and Judges
appointed under Article III of the Constitution.
i. Handicapped vehicles. Handicapped employees who
utilize a specially equipped vehicle for commuting shall be
exempt from parking fees.
6. Collective Bargaining Agreements. This policy shall not
be interpreted to render null and void any valid, negotiated
agreement between management and a union covering any
provision of employee parking in effect on the effective
date of this Circular. Upon the expiration of agreements
exempted hereunder, the provisions of this Circular shall
apply.
7. Acquisition of parking facilities. Acquisition of
parking facilities will be permitted consistent with
limitations and conditions in this Circular. The amount of
parking facilities to be provided, at either leased or
federally constructed buildings, will be dependent upon an
analysis of the public transportation and carpooling
projected to be reasonably available or feasible at the
given location or area. This analysis will be conducted by
GSA upon request of an agency head, and will consider
Executive Order 12072 and other applicable laws, regulations
or policies concerning use of public transit, air quality
control and energy conservation. This analysis will include
the following factors:
a. Availability of existing or planned transit and
other community sponsored transportation improvements;
b. Availability of agency or metropolitan vanpool and
carpool matching programs;
c. Availability of existing or planned commercial or
municipal off-street parking;
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d. Impact of commuter parking on residential
neighborhoods;
e. Locations of where an agency's employees live in
relationship to transportation systems; and
f. Special or unusual requirements.
The analysis will assume strict enforcement of carpool
regulations and increasing use of public transit. The
application of this policy should result in periodic
reductions in the total number of Government controlled
spaces within a given area, particularly at leased
locations.
8. Allocation and assignment of parkinfacilities. The
General Ser ices Administration (GSA) or other agency in
control of parking facilities at Federal buildings and on
other Federal property, including leased property, shall
equitably allocate such parking facilities among agencies in
accordance with FPMR 101-20.111. Agency heads shall be
responsible for the allocation of parking spaces allocated
for their control, including the allocation of spaces for
employee parking.
To maximize the efficient utilization of available parking
spaces, assignments of spaces to Federal employees shall be
on the basis of the regulations promulgated by GSA (FPMR
101-20.111 and 101-20.117), as amended to comply with this
Circular. At locations with large, outside parking
facilities, each agency shall identify and reserve parking
areas according to the following priorities based on the
shortest walking distance to work areas: official vehicles
used during the day, handicapped employees, vanpools,
carpools with four or more occupants, other carpools, and,
space permitting, single occupant cars. Agencies may assign
a limited number of convenient parking spaces to certain
executive personnel and employees with unusual hours in
accordance with FPMR 101-20.117. Personnel to whom
individual parking permits are assigned are encouraged to
form carpools when their work schedules would permit such
arrangements. The establishment of parking areas should be
designed to encourage vanpooling and carpooling to the
maximum extent feasible. Agencies may establish parking
areas for subcompact sedans and station wagons used for
carpools.
In urban areas, where several federally controlled
facilities exist within easy walking distance of one
another, parking spaces may be pooled on a zonal allocation
plan rather than on an agency by agency basis to assure an
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equitable number of spaces among all Federal employees and
to maximize the carpooling opportunities. Such arrangements
already exist at several locations. Such pooled allocations
shall be administered by GSA or other agency in control of
the parking facilities primarily on the basis of carpool
membership without regard to agency quota and in accordance
with FPMR 101-20.111 and 101-20.117.
9. Charges for employee parking.
a. Establishment of charges. Charges for employee use
of Government-owned or leased parking facilities shall be
assessed at all locations except where the rate, as
determined in c. below, would be less than $10.00 per month.
For the initial period November 1, 1979, through September
30, 1981, the charges to be collected shall be 50 percent of
the full rate scheduled to be collected. If the full rate
is calculated to be between $10.00 and $19.99, the monthly
charge between November 1, 1979 and September 30, 1981,
shall be $10.00. The full charge shall be collected after
..October 1, 1981.
b. Authorit for charges. Authority to establish
charges for the use of parking spaces is contained in the
Federal Property and Administrative Services Act, as amended
(40 U.S.C. 490). Comptroller General file reference
B-177610 dated March 17, 1976, reviews this matter (55 Comp.
Gen. 897).
c. Determination of rates.
(1) The Administrator of GSA shall determine the
rate to be charged for Government furnished employee parking
at each facility using generally accepted appraisal
techniques. Agencies other than GSA which hold title to
property and desire to arrange their own appraisals must
advise GSA in writing of their intent, and shall conduct
such appraisals in accordance with GSA guidelines. GSA
shall review and approve all rates in accordance with 40
U.S.C. 490(k). The rates shall approximate the prevailing
value of comparable commercial property in the vicinity.
The rate basis will be the fair rental value of such
property as used in calculating Standard Level User Charges.
Fair rental value includes an allowance for the costs of
parking facility management. The rates so established shall
be adjusted annually by the Administrator to reflect
increases or decreases in value.
(2) In instances where a parking management company
is engaged to operate the facility, issue permits, provide
attendants, collect fees, etc., the cost of such management
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services will be included in the base fees paid by
individual users for the use of such parking facilities.
(3) Fees for employee parking spaces shall not
include any share of the costs attributable to spaces
exempted from the fees under Section 5 of this Circular.
Such costs will continue to be handled under existing budget
practices for SLUC charges.
10. Responsibilities.
(1) issue regulations implementing the provisions
of this Circular regarding the determination of commercially
equivalent rates for Government parking and development of
procedures for agency collection of fees from individual
users;
(2) revise regulations and priorities, as
necessary, for the assignment of parking spaces.
Regulations shall be issued by August 20, 1979. All rates
at GSA facilities shall be determined by September 1, 1979,
and by October 1, 1979, for all non-GSA facilities.
(3) collect and credit to the Federal Buildings
Fund parking fees paid by employees of the legislative and
judicial branches who utilize parking space assignments in
GSA-controlled facilities.
b. Heads of departments and agencies shall:
(1) assess charges consistent with the provisions
of this Circular and GSA regulations, and under 40 U.S.C.
490(k), collect and credit fees to agency appropriations
charged for parking spaces and services. Fees collected for
the use of parking facilities shall be applied toward
parking management costs and the Standard Level User Charges
paid by using agencies to GSA. Amounts recovered in excess
of direct costs and SLUC charges shall be credited to the
Treasury as miscellaneous receipts.
(2) immediately request the Administrator of GSA to
determine the parking rates to be assessed at facilities
occupied by the agency. Requests need to be made promptly
to enable rate determinations to be completed prior to
November 1, 1979. Late rate determinations shall be applied
retroactively to November 1, 1979.
(3) give full cooperation to the GSA in connection
with the determination of commercial value.
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(4) request guidance from GSA on how to conduct
appraisals if the agency prefers to conduct its own
appraisals. Rates developed under this method shall be
submitted to GSA for review and approval.
(5) issue such instructions as may be needed to
maximize carpooling and implement the provisions of this
Circular and regulations issued by GSA. (See Attachment)
(6) by October 1, 1979, appoint an employee
transportation coordinator at each facility to operate or
participate in a system for carpool and vanpool matching
among employees, and to maintain current information about
public transit service to the facility. (See Attachment)
(7) by November 1, 1979, implement an effective
mechanism for deterring abuse of parking space assignments
made to the handicapped, vanpools and carpools.
11. Military installations. This Circular recognizes the
unique problems involved in administering and charging for
the use of parking spaces at dispersed facilities on certain
military installations. The Secretary of Defense shall
establish regulations at non-GSA controlled military
installations consistent with this circular and the GSA
regulations issued in conformance with this circular. The
Secretary of Defense may adjust fee schedules and
regulations at those portions of installations where
practical considerations of installation geography or
conditions of military readiness require modifications,
while preserving as much as possible the monetary and
administative incentives necessary to conserve energy
through substantial reductions in the use of commuter
automobiles, particularly those with only one occupant.
12. Agency Administrative Workload. Agencies should
administer the provisions of this Circular within existing
personnel resources to the maximum extent possible.
13. Appropriated funds.
a. The policy in this Circular will reduce the need for
appropriated funds to pay for parking spaces used by
employees at some locations. For fiscal year 1980, agencies
shall provide a report to their examining divisions at OMB
by November 15, 1979, which estimates for each appropriation
account the gross amount of parking fees to be collected
during the fiscal year. Appropriated funds for parking
which are in excess of the agency's parking costs net of
parking fee receipts shall be applied toward supplemental
appropriation requirements which the agency intends to
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submit to OMB for review under Circular A-11. Appropriated
funds not so applied will be recommended to the Congress for
rescission.
b. For fiscal year 1981 and future years, budget
requests shall anticipate the collection of parking fees,
thus reducing the need for appropriations.
14. Re2ort
a. By March 31, 1980, each agency shall submit a report
to OMB detailing the affects of this Federal employee
parking policy at each facility with more than 100
employees. Information to be included shall address:
(1) the number of official, visitor, and employee
parking spaces provided prior to October 1, 1979, and on
January 1, 1980, and the total number of employees at the
installation on those dates.
(2) the number of parking spaces allocated to
single occupant cars and carpools/vanpools and the average
carpool/vanpool occupancy of those so allocated prior to
October 1, 1979, and on January 1, 1980.
(3) the distribution of employees mode of
transportation to and from work prior to October 1, 1979,
and on January 1, 1980. (A sampling technique and
questionnaire will be distributed to reduce workload.)
(4) the type and extent of assistance provided to
agency employees in availing themselves of
carpool/vanpool/transit commuting alternatives.
b. OMB, in cooperation with DOT and GSA, will develop
and furnish to agencies specific guidance relative to the
type of information needed and suggested procedures to
assess the before and after effects of this employee parking
policy. A similar report may be required in January 1982
after the full rate goes into effect. Instructions will be
issued at a later date for any additional report.
c. Agencies with a large number of installations or
office locations may satisfy the reporting requirements by
providing information on the 25 largest employment centers
of their agency.
d. Copies of agency reports will be made available to
Federal and local agencies with responsibilities in the area
of energy conservation, air quality, and transportation.
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15. Review and Comment. The GSA shall publish its
regulations in the Federal Register in draft for a 30-day
comment period on August 20, 1979, and shall issue final
regulations by October 1, 1979. Agencies should begin
development of agency regulations and procedures upon
receipt of this Circular and the draft GSA regulations.
Final agency regulations should be issued prior to November
1, 1979.
This Circular was provided to Federal agencies and employee
unions in draft on April 6, 1979. Many of their comments
have been incorporated. OMB will continue to accept
comments which may be addressed to Ms. Joyce Walker, Deputy
Associate Director, Room 9202, Office of Management and
Budget, Washington, D.C. 20503.
16. Inquiries. Agency officials who desire interpretation
of GSA regulations issued pursuant to this Circular
regarding special or unique circumstances should call the
General Services Administration (566-1872).
James T. McIntyre
Director
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