LETTER TO EDWARD R. ROYBAL FROM JOSEPH R. WRIGHT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000200210012-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 27, 2016
• Document Release Date: March 27, 2013
• Sequence Number: 12
• Publication Date: November 17, 1987
• Content Type: LETTER

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ke 4 ? 4%. f:.; OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
November 17, 1987
0/CONGRESSIONAL AFFAIRS
OCA 87-57
Dear Chairman Roybal:
H.R. 2907, the FY 1988 Treasury/Postal Service Appropriations
bill, as passed by the Senate, includes section 622 which would
require the reimbursement of federal details in excess of sixty
days. The Administration is deeply concerned about and strongly
opposes this language. We urge you to delete the provision in
conference.
Our reasons for opposing this provision are expressed in the
following paragraphs. At the same time we agree that proper
accounting and reporting of -detailees is a sound management and
budgeting goal. We are prepared to work'with you and with the
Senate to achieve this goal. But an informed decision on the
wisdom of requiring reimbursement for all details in excess of 60
days cannot be made until relevant data is compiled and analyzed.
Section 622 was introduced into H.R. 2907 as a Senate amendment.
No hearings have been held on the Senate language even though we
believe that, in practice, this language could have many negative
consequences. If enacted in its present form, section 622 would
be applicable in FY 1989, before government agencies will have
had time to include its requirements in their budget planning. A
change of this magnitude will inevitably lead to delays and
confusion in the assignment of detailees. Since detailees are
often used in situations requiring immediate action and
flexibility, section 622 may well also impede-the effective use
of details. Yet no one has had an opportunity to carefully and
calmly inform Congress of. these possiblv aamaging effectc
At no time during the development of this provision has a
com=elling argument been made why a borrowing agency should be
required to reimburse an employing agency for detailees who are
in fact doing the work of the employees own agency. This is the
case when, fcr example, a Defense Department attorney is detailed
to the Justice Department to assist in the defense or prosecution
cf litication that may have significant impact on the operations
-= the Department of Defense cr when an agency budget official is
temporarily detailed to OMB to work on the President's Budget
documents. This is also true of the National Security
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Council (NSC), whose staff has traditionally been drawn from the
Departments and agencies represented on the Council itself.
Indeed, section 622 would shift the cost of such employees to the
wrong appropriation, a result which we believe to be inconsistent
with your interest in assuring that agency monies are expended
for the needs of the agency for which the funds have been
appropriated.
The reimbursement requirements of section 622 would also reduce
government's responsiveness and flexibility in such key areas as
national security. The State and Defense Departments, NSC and
Central Intelligence Agency for example, all use details that
exceed sixty days for insuring our nation's security. These
detailees provide specialized skills, well suited to the
particular issues which confront the agencies at the time. Since
the range of issues, situations and crises cannot, by definition
be anticipated, funds are neither budgeted nor available for
reimbursement.
The reimbursement provision, (and to some extent the reporting
requirements) of this amendment will have a chilling effect on
the ability of agencies to assist each other in circumstances
that warrant the use of detailees. Consequently, each agency
will have an incentive to establish its own capacity to respond
to emergencies that may never occur. This will lead to
duplication of skills and functions, and to an increase in the
size of permanent staff which is both costly and unnecessary.
We also believe the use of detailees enhances professional
development within the federal service. Agencies, and their
employees benefit significantly from the infusion of new ideas
and different approaches to problem solving that detailees bring
to their assignments.
As for the reporting requirements contained in section 622, we
believe agencies should be accountable for their use of details
and that Congress certainly has a legitimate need for
information on the use of details in the Executive Branch. For
these reasons we would support a suitable reporting requirement.
Fcwever, an exception .should be provided for certain intelligence
related functions. Detailee reporting by the CIA, NSA, DIA and
cther intelligence agencies could compromise highly sensitive
acities where intelligence staff members are detailed tc
other agencies.
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We have expressed these reporting concerns to some members of the
Senate Appropriations Committee and their staff and appreciate
their responsiveness. They have acknowledged our concerns and
have proposed some changes to the amendment. We nevertheless
continue to urge them, as we urge you, to eliminate this
provision.
We will continue to work with both the House and Senate to reach
a result which will accommodate the need for accurate detailee
data, and proper cost accounting, without diminishing the
benefits derived from the current detailee process.
Sincerely,
R.
tv Director
Offic of Management and Budget
The Honorable Edward R. Roybal
U. S. House of Representatives
Washington, D.C. 20515
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