LEGISLATIVE WATCH FOR THE FINAL DAYS OF THE 100TH CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001400010017-3
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 5
• Document Creation Date: December 27, 2016
• Document Release Date: October 17, 2012
• Sequence Number: 17
• Publication Date: August 23, 1988
• Content Type: MEMO

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OCA 88-2847
23 August 1988
MEMORANDUM FOR: Deputy Director for Administration
FROM: Congressional Affairs
SUBJECT: Legislative Watch for the Final Days of the
100th Congress
1. This memorandum provides an update on legislative
measures pending in the 100th Congress which, if passed, would
impinge upon Agency special authorities or adversely affect
Agency administrative practices. Although I have identified
most of the bills which pose problems for various DA offices,
few in my judgement are likely to be enacted. All, however,
merit watching during the final days of this Congress.
2. Whistleblowers Protection Act. The Senate version
(S. 79) has passed. The House version (H.R. 25) is likely to
come to a floor vote in September. Both as currently written
contain protections against the disclosure of classified
information. However, Representative Schroeder, sponsor of
H.R. 25, may offer an amendment which would seem to allow for
review of Agency decisions denying or revoking security
clearances. OCA has submitted language to the Civil Service
Subcommittee staff providing appropriate protection. OCA
ACTION: Ensure our language is made part of any Schroeder
amendment.
3. Truth in Government Accounting Act (H.R. 118). This
bill would require the Secretary of the Treasury to make public
each year consolidated financial statements for the Federal
government based upon accrual-accounting procedures and require
annual audits of the consolidated reports by the GAO.
According to the Office of Finance, enactment would risk
revealing sensitive classified information. The bill has
little chance of moving; it was introduced in January 1987 and
has not moved out of Committee. OCA Action: None.
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5. The Federal Accounting Practices Review Commission Act
(H.R. 2287) would establish a Commission to centralize
accounting reforms and to design a unified financial management
system for all Federal agencies. The Commission would be
empowered to secure from any Agency information needed to carry
out the Act, risking release of sensitive financial records
held by the Office of Finance. No Congressional action has
been noted since the bill was introduced and referred to
Committee in May 1987. OCA ACTION: None.
6. Federal Financial Management Improvement and Public
Accountability Act H.R. 3142) establishes a Chief Financial
Officer of the United States (CFO) to consolidate Federal
financial management within a single organizational structure.
The bill mandates full disclosure of financial activity to the
CFO. A similar, but not a companion bill, has been introduced
in the Senate. Known as the Federal Financial Management
Reform Act (S. 1529), the bill establishes a new Under
Secretary for Financial Management to receive annual financial
statements from Federal agencies and to audit such statements.
No action has been noted on either bill since introduction last
August. The Senate Governmental Affairs Committee did hold
hearings but quickly adjourned. Sources on this Committee
advise that no consensus could be reached among the Members.
OCA ACTION: None.
7. Federal Equal Employment Opportunity Reporting Act
(H.R. 3330) would require reporting of certain EEO related data
and statistics to the EEO Commission. Such data is protected
under the Director's special authorities. The HPSCI staff,
following a meeting with OCA, agreed that the Agency should be
exempted. The bill was favorably reported out by the House
Subcommittee on Employment Opportunities but has failed to move
in full Committee. OCA ACTION: Confirm HPSCI intervention for
CIA relief if the bill moves in full Committee.
8. Hatch Act Reform Amendments of 1988 (H.R. 3400) grants
Federal employees increased rights to engage in the political
process. Despite OCA efforts to seek an Agency exemption on
the House side, the bill passed unchanged. Similar, but
equally ineffective efforts were made prior to Senate Committee
hearings and markup in June of this year. The bill may come to
a Senate floor vote, provided the sponsors can sign up at least
enough votes to override a threaten Presidential veto. Through
the SSCI staff, OCA has persuaded Senator Cohen to introduce a
floor amendment exempting CIA employees should the bill reach
the Senate floor. OCA ACTION: Verify with SSCI staff Cohen's
amendment should HR 3400 be scheduled for debate.
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12. Defense Consultant Reform Act (H.R. 5016) and
Consultant Registration and Reform Act (HR 5158 and S. 2674 are
identical.) designed, like the Pryor amendment in the Defense
Appropriation Act, to ensure full disclosure of certain
consulting contract information to protect the Government from
conflicts of interest. While there is an exemption in all
three for contracts involving sensitive foreign intelligence
and counterintelligence activities or those classified under
the national security classification system, there is some
doubt on the part of the Office of Logistics that the exemption
is sufficient. OCA ACTION:
Obtain amendment language and work changes in the bill
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through House Armed Services and Senate Committee on
Governmental Affairs after gaining support from oversight
committees.
13. Federal Employees Health Benefits Amendment( H.R.
5102) amends chapter 89 of title 5, U.S. Code to provide for
temporary continuation of FEHBP coverage for separated
employees, unmarried dependent children, and certain former
spouses. Last week OCA convinced the Subcommittee on
Compensation and Employee Benefits that passage could result in
the disclosure of Agency employees under cover. The staff
tentatively agreed to language in the Committee Report which
will note that the intent of the Act is not to affect agencies
which administer their own insurance programs in general and
the CIA in particular. OCA ACTION: Ensure staff includes the
agreed upon language in the Committee Report.
14. Federal Employee Discrimination Complaint Procedures
Act (H.R. 5112) would transfer the investigation of EEO
complaints from the employing Agency to the EEO Commission.
Preliminary reviews by the Office of Personnel suggest an
adverse impact on our handling of EEO complaints as well as
risking disclosure of classified information. Sources on the
Post Office and Civil Service Committee advise that the bill
will at least reach markup before adjournment and could get as
far as the House floor. There is, however, no Senate
companion. OCA ACTION: None unless Committee moves to markup.
15. Civil Rights Protection Act ( S. 2109), according to
the office of Security and OGC, could prohibit the Agency from
considering homosexual activity in making security clearance
determinations. Introduced last February, there seems to be
OCA ACTION: None.
Offic of Congressional Affairs
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