MEETING WITH OGC ON HOME-TO-WORK TRANSPORTATION BILL (H.R. 3614)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R001101410002-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: March 24, 2010
• Sequence Number: 2
• Publication Date: December 6, 1985
• Content Type: MEMO

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OLL 85-3571/2
6 December 1985
SUBJECT: Meeting with OGC on Home-to-Work transportation
bill ( H.F. 3614 )
1. On October 2Q, 1985, the House Government Operations
Committee approved the above described bill, which restricts
the use of government vehicles for home-to-work
transportation. Some cf these restrictions would impair the
25X1 Agency's mission and therefore have an adverse impact on
national security. Accordingly, a meeting was held at OGC on
Dec. 2 to determine the precise impact of the bill and to
prepare an intervention strategy. Attending the meeting were
25X1 and me.
25X1
25X1
2. Congressional interest in this bill is sparked by a
desire to cut costs and, more importantly, to stop the abuses
in the current law which was enacted in 1946. The General
Accounting Office conducted a study of home-to-work use of
government vehicles and found that more than 60% of the
officials using such transportation were doing so
unlawfully.
3. Briefly, the bill imposes strict limitations on use of
government vehicles for commuting. But the most troublesome
aspect of the bill is the provision which strikes a portion of
Section 8 of the CIA Act concerning the use of "automotive
4. It was agreed by all at the meeting that a direct
amendment to the CIA. Act by a Committee other than one of the
Intelligence Committees should be cause for concern. Other
committees may not have an appreciation of the impact of
legislation which directly amends the CIA Act. In this
instance we believe that the House Government Operations
Committee was not aware nor did it intend to affect the
equipment between domiciles and places of employment."
operations
Furthermore, Committees not having an intelligence mandate
should be discouraged from amending the CIA Act - this was one
of the major reasons for the establishment of select
Divisions as well as Security. Alerting the
House Intelligence Committee to these problems is imperative.
25X1 intelligence committees.
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5. Besides this Intelligence Committee jurisdictional
problem, there are several specific technical concerns in
H.R. 3614. Initially, the bill statES that government vehicles
can be used for "official purposes" only. Official purpose
does not include transportation frog residence to place of
employment, (Section (a)(1)). However, "field work" is an
excepted activity and persons engaged in field work may use
government vehicles for residence to place of employment
transportation, (Section (2)). We are unable to determine
whether the field work exception would apply to CIA operational
activity - i.e
6. Another technical concern is a procedural one.
Authorization for any person, other than a top official, to use
a vehicle for home-to-work transportation can be obtained for
only the most compelling circumstances - clear and present
danger for example, (Section (b)(7)). In addition, this
authorization for compelling circumstances is only temporary.
Written approval must be obtained from the head of the Agency
and it shall be effective for no longer than 15 days. If the
emergency continues, then the 15 day intervals may be continued
up to a maximum of 90 days. This periodic written approval
requirement by the the Agency may not be delegated,
(Section (d) (1-3)) . ea d- o_
7. Beyond this procedural red tape, all temporary
authorizations must be reported promptly and in detail to the
House and Senate Government Committees, (Section (d)(4)).
Reporting provisions such as this inevitably raise disclosure
problems.
8. Use of government vehicles in connection with the
operation of Agency may also be affected because
of the very broad definition of "executive agency" in
Section (e). These restrictions would apply to "any
independent regulatory agency or any non-appropriated fund
instrumentality."
9. While the bill was voted out of the House Government
Operations Committee, the report on H.R. 3614 has yet to be
written. This may afford an early intervention opportunity,
rather than waiting until this legislation gets to the
Senate.
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10. It is recommended as an initial strategy that we ask
for the deletion from the bill of the provision amending
Section 8 of the CIA Act. Failing this, we should then
determine the wisdo nf cap an opinion from the Committee
staff as to whether Security operations may be
considered "field wort an tins exempt from the bill. Of
course we can assume that field work does include such activity
and not have that used as a trade-off-to get our support for
the bill.
11. In any event we should inform HPSCI of the serious
problems we have with this bill and await their advice.
Deputy C
Office`of Legislative Liaison
Distribution:
Original - Leg/Sub - Misc. Pers.
1 - D/OLL
1 - DD/OLL
- OLL Chrono
LEG/OLL:I I(4 December 1985)
ie , Legislation Division
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