DRUG TESTING PROVISION IN FY87 SUPPLEMENTAL APPROPRIATIONS BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000200200001-3
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: December 23, 2016
• Document Release Date: September 23, 2013
• Sequence Number: 1
• Publication Date: June 29, 1987
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2013/09/23: CIA-RDA9100234R0002002081001-3
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ADMINISTRA NAL USE ONLY
MEMORANDUM FOR THE RECORD
STAT FROM:
Office
29 June 1987
OCA 87-2713
Legislation Division
of Congressional Affairs
SUBJECT: Drug Testing Provision in FY87 Supplemental
Appropriations Bill
STAT 1. On 23 June 1987, of the Office of General
STAT counsel (oGc) and of the Office of Personnel
IPI accompanied and myself to the office of Bob Mills, a
staff member of the Treasury, Postal Service and General
Government Subcommittee of the Senate Appropriations
Committee. The topic of discussion was the drug testing
provision for Federal employees which appears in the FY87
Supplemental Appropriations Bill. After learning that,
contrary to prior assurances, the Agency was not considered to
have a drug testing plan in effect on 15 September 1986, but
appeared on a list of agencies which cannot perform testing
until certain criteria are met, we _sought to secure an
exemption and were told it was quite unlikely such would be
granted.
2. Upon returning to the office, I explained what had
STAT occurred to Deputy Director for Legislation, and
STAT (with ) to Dave Gries, Director of Congressional
Affairs. Mr. Gries stated that the Agency did wish to continue
its plan and wanted to be exempt from all requirements of the
bill. I explained to him that the Agency was currently on a
list of agencies which cannot perform testing until certain
requirements have been met and the only other list in existence
was one which named agencies with a plan in existence on 15
September 1986 and required compliance with the requirements of
the bill and Executive order 12564 within six months. I then
STAT gave Mr. Gries the language which had stated had been
cleared by the administration and wnicn we nad earlier
presented to Mr. Mills, as well as some language which could be
inserted into the statement of managers and was designed to
accomplish the same 'goal. Mr. Gries made several phone calls
and learned that the bill would not interfere with the
Director's authorities and that it was likely the Agency could
secure an exemption.
ADMINISTRATIVE USE ONLY
Declassified in Part - Sanitized Copy Approved for Release 2013/09/23: CIA-RDP89T00234R000200200001-3
Declassified in Part - Sanitized Copy Approved for Release 2013/09/23: CIA-RDP89T00234R000200200001-3
ADMINISTRATIVE - USE ONLY
3. Mr. Gries tasked me to coordinate with OGC to have the
Department of Justice, explained by Mr. Mills to be the lead
agency in terms of exempting agencies, place the Agency on such
STAT a list. Chief of the Administrative Law
Division/OGC, contacted Richard Willard of the Department of
Justice who informed iii s. hey were willing to place the
STAT Agency on the list, then called back to tell me that
the Office of Management an. Budget (OMB) must first contact
the Department of Justice to grant it permission to do so. I
informed Mr. Gries who spoke with his counterpart in OMB with
regard to contacting the Department of Justice.
STAT
STAT
STAT
STAT
4. After another exchange of telephone calls with
late in the day, I learned that it was his
understanding that management did not wish to perform drug
testing and that what the Agency currently does in this area
may not rise to th level of a drug testing plan. I informed
him that and I were of the opinion that the Agency
does have such a plan and had informed Congress of this. I
reported this conversation to who told me to meet
with Mr. Gries the next day. I spoke with Mr. Gries on 24 June
1987, and he said he would take care of the matter. Mr. Gries
later called to tell me that the confusion had been resolved.
5. On 23 June 1987, I also told Messrs.
Gries and that the problems in not exempting the Agency
from the requirements of the bill involved more than an erosion
of the Director's authorities with respect to the termination
of personnel. I pointed out that there remained the matter of
having the Secretary of Health and Human Services and the
Director of OMB analyze the Agency's plan, as well as having
o their drug tests.
that I was concerned
1st of agencies which
employees gain access to records
STAT On 26 June 1987, I also informed
that the Agency would be placed on a
must comply with the requirements of the bill and Executive
order 12564 within six months of passage of the bill and,
therefore, would not be viewed as totally exempt from the
STAT bill's requirements.
ADMINISTRATIVE -
SE ONLY
Declassified in Part - Sanitized Copy Approved for Release 2013/09/23: CIA-RDP89T00234R000200200001-3
Declassified in Part - Sanitized Copy Approved for Release 2013/09/23: CIA-RDP89T00234R000200200001-3
ADMINISTRATIVE - LNffNLY
STAT
STAT
SUBJECT: Drug Tesing Provision in FY87 Supplemental
Appropriations Bill
Distribution:
Original -
1 -
1 -
1 -
OCA/LEG
try
igner
xtra Copy
G SUBJECT FILE: Miscellaneous Personnel
rw (29 June 1987)
ADMINISTRATIV RNAL USE ONLY
Declassified in Part - Sanitized Copy Approved for Release 2013/09/23: CIA-RDP89T00234R000200200001-3