RESTRICTION ON USE OF GOVERNMENT VEHICLES FOR HOME-TO-WORK TRANSPORTATION: H.R. 3614

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00297R000300600008-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: December 2, 2011
• Sequence Number: 8
• Publication Date: November 12, 1985
• Content Type: MEMO

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OLL85- 3571
12 November 1985
STAT
MEMORANDUM FOR: DCI
DCCI
EX Cl?
DDI/EA
DDO/SA
CCA/EG
DDS&T/EA
C/L&PU/OGC
Deputy Chief, Legislation Division
Office of. Legislative Liaison
STAT
SUBJECT: Restriction on Use of Government Vehicles for
Home-To-Work Transportation: H.R. 3614
1. Attached for your review and comment is a copy of
H.P. 3614 which would limit the use of government vehicles for
"official use". Under this bill, which was recently passed by the
House, only the DCI would have unrestriced use of a government
vehicle (section (b) (5) .
2. Perhaps the most troublesome aspect of this bill is found
in Section 2(e) on page 6. If enacted into law, this prcvision
would reduce the Agencey's.flexibility in permitting the use of
government vehicles between home and.work in the continential
United States, even where such transportation is necessary or
incident to the performance of duties.
3. Exceptions are made to these restrictions, but only for
15-day intervals and with the certification of need by the agency
head (section Cb) (7) . Certain other exceptions are made for
danger or emergency (section (d).
3. Last June we commented on a similar draft bill tc OMMP.
A memorandum on that draft bill is included herewith.
4. The instant bill, H.R. 3614, has not been taken up by the
Senate. In the event that H.P. 3614 does become active in the
Senate, please give us your comments by November 25, 1985. .
Attachments
as stated
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Government operations - 2
Home-to-Work Trips Restricted:
Limits Officials' Use of Government Cars
/B~II
The House Government Opera
tion- Committee Oct 2" approved a
hill (HR 3I14, that would limit the
nunllo-r of toi lo.c! tede?recl emit! ve-e-
uh- an en-lole(: t,? Iran-In rlat 1
tram home t- w rk
The bill. approved by voice Vote.
sltecifie- 62 eft lcial who, would be
able its get a car at taxpayer expense,
compared with the 12e no%\ receiving
them. Also. the hill spell- out price
dune= agenc\ head- must filly to
designate other official- as eligible for
government vehicle
"It you're in the executive branch
and not named in this bill.- said Jack
Brook-. D-Texa-. committee chair-
man. ''you d(,n't get home-to-offlct?
tranQp(,rtati-r. unle?~- the procedures
outlined in thi= bill are followed "
Brook- and Frank Horton. 13-
N.Y.. ranking minority member of the
committee. noted that many private
companies provide their highest em-
ployees with vehicles. "We should do
no less with regard to our top execu-
tives." said Horton.
But the bill came under fire from
other members. who objected that it
failed to include the legislative or judi-
cial branches.
"It's a kind of Ian) exercise in
hypocrisy to say that abuse is only for
one branch when we know abuse is in
the other two branches as well.'='Rob-
ert S. Walker. R-Pa., charged. He said
later he was unaware of any instances
of abuse but believed the bill should
not single out the executive branch.
Brooks and Horton said that the
other branches came under the juris-
diction of other committees and that
complicating the legislative path by
referring the bill to other panels could
kill it. Brooks warned. "If there is any
hue and cry about this legislation. this
one can goo down. too.
Door-to-Door
The laws governing who is enti-
tled to home-to-office transportation
have been honored more in the breach
than in practice. A 1946 law restricted
such transportation to the president.
the heads of executive agencies. medi-
cal and field officers. and diplomatic
and consular officials. Later laws
added additional employees.
-By Robert Rothman
Still, the number of people using
government cars exceeded those who
were listed in law. A survey by the
(;t?ncra! Accounting Office IG.AOI in
.lone' Iound that 12!- employee- were
rec'e'iving g.,vernment transportation
to woork. and determined that of thus(.
19 were not entitled to it.
According to Brooks. each car
cost the taxpayers between $1.1(KI and
$9.b(NI a year to operate: thus. provid.
ing the 12t? officials transportation
could cost up to $1.2 million a year.
The Reagan administration asked
('ongres- to clarify the law and spell
out who should receive transportation.
Under the bill approved by the
c?on,mittee. the 62 federal employees
designated as entitled to home-to-of.
fice transportation would include the
president and vice president. six offi-
cials in the Executive Office of the
President. 10 employees of executive
agencies. principal diplomatic and
consular employees abroad. the U.S.
representative to the United Nations.
the deputy secretary of defense, under
secretaries of defense. the chairman of
the Joint Chiefs of Staff. the secretar-
ies of the armed services. the director
of the CIA. the director of the FBI and
the chairman of the board of gover-
nors of the Federal Reserve System.
The bill does not stipulate w?he' would
he' entitled to chauffeur-.
('ahinet member- could he desig-
nated by the president from among
the 10 agency employees. Fade.ral-ex-
ec?utives in the highest pay levels were
included in the bill, and they could
designate their deputies.if-he execu-
tive found it appropriate.
If an agency head decides that an
emergency exists, he or she can assign,
a vehicle to another employee for 15
day:,. provided the determination is
serot in writing to Congress.
Brooks said the bill would restrict
the number of employees using gov-
ernment vehicles to those who need it
to conduct official business.
He said he w-as once asked about
his interest in a job in the Johnson
administration but said he would take
it only if he could get a limousine with
a gooseneck lamp in the back. so that
he could read while traveling to work.
"Now," he said. "I think for most
people we're just going to give them
the gooseneck lamp." I
GOVERNMENT OPERATIONS NOTES
Con pensation for Hostages Approved
The
use Foreign Affairs Committee Oct. 29 approved a bill
that would gf
abroad. after bro
benefits to government employees held hostage
ening the bill to include military personnel.
HR 2851. which
House Post Office and Ci
ady has been reported (H Rept 99-20
put hostages' pay in inter
-bearing accounts. and wo
educational benefits to their fa
workers. currenth. about $-4 per day'
wide per die
(Weekly R
The bill would grant compensatio
hostage in Iran from November 1979 to Ja
noting that concern over a spouse and
The panel by voice vote adopted a
include military personnel.
'Flexitime' Extensign-f`leared
er their hour r work four 10-hour days was cleared Oct. 25 by th
sta
gg
The bill (H 3605) would extend the 'flexitime' program through De
House-passe ermanent extension (HR 1534) is being blocked in the Sena
the thre f controversial amendments. (Weekly Report p. 2185)
Part I) by the
e agency heads tc
grant medical and
payments to victims of
allowance for government
52 Americans who were held
fits to the families of hostages.
cerbates a hostage's ordea'..
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., J vv
99TH CONGRESS
1ST SESSION
. R. 3614
To restrict the use of government vehicles for transportation of officers and
employees of the Federal Government. between their residences and places of
employment, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 24, 1985
Mr. BROOKS (for himself, Mr. HORTON, Mr. SAXTON, and Mr. DIOGUARDI) in-
troduced the following bill; which was referred to the Committee on Govern-
ment Operations
A BILL
To restrict the use of government vehicles for transportation of
officers and employees of the Federal Government between
their residences and places of employment, and for other-
purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That section 1344 of title 31, United States Code, is amend-
4 ed to read as follows:
5 1344. Passenger carrier use
6 "(a)(1) Funds available to an executive agency, by ap-
7 propriation or otherwise, may be expended by the executive
8 agency for the maintenance, operation, or repair of any pas-
I
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11
12
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senger carrier only to the extent that such carrier is used to
provide transportation for official purposes. Notwithstanding
any other provision of law, transporting any individual other
than those listed in subsections (b) and (c) between such indi-
vidual's residence and such individual's place of employment
is not transportation for an official purpose.
"(2) For purposes of paragraph (1), transportation be-
tween the residence of an officer or employee and various
locations that is required for the performance of field work is
transportation for an official purpose, when approved in writ-
ing by the head of the agency.
"(b) A passenger carrier may be used to transport be-
tween residence and place of employment the following offi-
cers and employees of executive agencies:
"(1)(A) the President and the Vice President;
16 "(B) no more than 6 officers or employees in the
17 Executive Office of the President, as designated by the
18 President;
19 "(C) no more than 10 additional officers or em-
20 ployees of executive agencies, as designated by the
21 President;
22 "(2)(A) officers compensated at Level I of the Ex-
23 ecutive Schedule pursuant to section 5312 of title 5,
24 United States Code; and
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1 "(B) a single principal deputy to an officer de-
2 scribed in subparagraph (A) of this paragraph, when a
3 determination is made by such officer that such trans-
4 portation is appropriate;
5 "(3) principal diplomatic and consular officials
6 abroad, and the United States Ambassador to the
7 United Nations;
8 "(4) the Deputy Secretary of Defense and Under
9 Secretaries of Defense, the Secretary of the Air Force,
10 the Secretary of the Army, the Secretary of the Navy,
11 the Joint Chiefs of Staff, and the Commandant of the
12 Coast Guard;
13 "(5) the Director of the Central Intelligence
14 Agency and the Director of the Federal Bureau of
15 Investigation;
16 "(6) the Chairman of the Board of Governors of
17 the Federal Reserve System;
18 "Man officer or employee with regard to whom
19 the head of an executive agency makes a determina-
20 tion, which shall be effective for no longer than 15 cal-
21 endar days, that highly unusual circumstances present
22 a clear and present danger, that an emergency exists,
23 or that other similarly compelling operational consider-
24 ations make such transportation essential to the con-
25 duct of official business.
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1 "(c) A passenger carrier may be used to transport be-
2 tween residence and place of employment any person for
3 whom protection is specifically authorized pursuant to section
4 3056(a) of title 18, United States Code or for whom trans-
5 portation is authorized pursuant to section 28 of the Foreign
6 Service Act (22-U.S.C. 2700).
"(d)(1) Any determination made under paragraph (7) of
8 subsection (b) shall be in writing and shall include the name
9 and title of the officer or employee affected, the reason for
10 such determination, and the duration of the authorization for
11 such officer or employee to use a passenger carrier for trans-
12 portation between residence and place of employment.
13 "(2) If a clear and present danger, an emergency, or a
14 similarly compelling consideration described in subsection
15 (b)(7) extends or may extend for a period in excess of 15
16 calendar days, the head of the executive agency shall deter-
17 mine whether authorization under subsection (b)(7) shall be
18 extended beyond 15 calendar days up to a period of 90 addi-
19 tional calendar days. Determinations made under this para-
20 graph may be reviewed by the head of such agency, and,
21 where appropriate, subsequent determinations may be made
22 whether such danger, emergency, or consideration continues
23 to exist and whether an additional extension, not to exceed
24 90 calendar days, may be authorized.
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1 "(3) The authority to make designations under para-
2 graphs (1)(13) and (l)(C) and to make determinations pursuant
3 to paragraphs (2)(B) and (7) of subsection (b) and paragraph
4 (2) of this subsection may not be delegated, except that, with
5 respect to the Executive Office of the President, the Presi-
6 dent may delegate his authority under such paragraph (7) to
7 an officer in such Executive Office. No determination under
8 this section may be made solely or principally for the comfort
9 or convenience of the officer or employee.
10 "(4) Notification of each designation or determination
11 made under paragraphs (1)(B), (1)(C), (2)(B), and (7) of sub-
12 section (b) and paragraph (2) of this subsection, including the
13 name and title of the officer or employee affected, the reason
14 for any such determination under such paragraph (7), and the
15 expected duration of the authorization, shall be transmitted
16 promptly to the Committee on Government Operations of the
17 House of Representatives and the Committee on Governmen-
18 tal Affairs of the Senate.
19 "(e) As used in this section-
20 "(1) the term `passenger carrier' means a passen-
21 ger motor vehicle, aircraft, boat, ship, or other similar
22 means of transportation that is owned or leased by the
23 United States Government; and
24 "(2) the term `executive agency' has the meaning
25 given by section 103 of this title and includes any ex-
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b u
6
1 ecut' d
i
corporation, Government-controlled corporation, or
3 other establishment in the executive branch of the
4
Gov
e
d pendent re
g'ulatorv agency, or any nonappropriated
7 fund instrumentality. ".
8 SEC. 2. (a) Title 10, United States Code, is amended-
9 (1) by striking out section 2637 thereof; and
10 (2) in the table of contents of chapter 157 thereof
11 by striking out the item pertaining to section 2637.
12 (b) Section 636(a)(5) of the Foreign Assistance Act of
13 1961 (22 U.S.C. 2396(a)(5)) is amended by striking out
14 "(without regard to the limitations contained in section 5 of
15 Public Law 63-127, as amended (31 U.S.C. 638&(c)(2)) and
16 section 201 of Public Law 85-468 )
(31 U.S.C. 638c))".
17 (c) Section 48 of the
Arms Control and Disarmament
18 Act (22 U.S.C. 2588) is amended by striking out "without
19 regard to the limitations contained in section 78(c) of title 5
20 of the United States Code".
21 (d) Section 303 of the State Department Basic Authori-
22 ties Act of 1956 (22 U.S.C. 2678) is amended by striking out
23 subsection (b).
24 (e) Section 8(a)(1) of the Central Intelligence Agency
25 Act of 1949 (50 U.S.C. 403j(a)(1)) is amended by striking out
TV epartment, military department, Government
rnment (including the Executive Office of the
eLna the 6mithsonian Institution), any inde-
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