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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Portal-to-Portal
(5 of 14)
Box: 37
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
May 23, 1985
MEMORANDUM FOR DONALD T. REGAN
ASSISTANT TO THE PRESIDENT
CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Portal-to-Portal Legislation
On June 3, 1983, GAO issued its opinion strictly interpreting
the current portal-to-portal statute, 31 U.S.C. § 1344, to
the effect that home to work transportation was permissible
only for the heads of the Cabinet departments and principal
diplomatic officers. Comp. Gen. Op. B-210555. The opinion
granted a "moratorium" on enforcement of this new view of
the law until the close of the 98th Congress, to give
Congress and the Administration time to develop new
portal-to-portal legislation. GAO has extended the
moratorium informally, and key members of Congress have
acquiesced in this extension, on the basis of our represen-
tations that the Administration would be submitting a bill.
As you know, we delayed submitting legislation to avoid a
possible distraction in the budget effort.
Our time is running out. Under pressure from the Hill, GAO
is conducting a detailed survey of portal-to-portal service
throughout the Government. Senator Proxmire has also been
seeking such information, and wants to know why we are not
complying with the 1983 GAO opinion. Two full years have
elapsed since the GAO opinion, and if we fail to introduce
legislation now GAO will have no choice but to begin enforc-
ing that opinion. Enforcement will likely take the form of
seeking reimbursement from officials not covered by 31
U.S.C. § 1344 who have been receiving portal-to-portal:
yourself and Mr. McFarlane at the White House, and numerous
Deputy Secretaries and other officials throughout the
Executive branch.
These demands for reimbursement are likely to be consider-
ably more embarrassing to the Administration than the
introduction of legislation seeking expanded portal-to-
portal authority. In any event, I think it would be bad
faith for the Administration not to introduce such legis-
lation at this point, after having been granted an extended
enforcement moratorium on the basis of representations that
we would do SO.
- 2 -
Attached is the latest version of proposed legislation
worked out by Joe Wright with Chairman Jack Brooks and GAO.
I recommend that OMB be authorized to submit this to Congress
as an Administration bill without further delay.
Attachment
FFF:JGR:aea 5/23/85
CC: FFFielding
JGRoberts
Subj
Chron
CONTROLLER CURRAN
COMPTROLLER GENERAL OF THE UNITED STATES
STATE THE UNITED
WASHINGTON D.C. 20648
B-210555
February 1, 1985
Mr. Joseph R. Wright Jr.
Deputy Director
Office of Management and Budget
Dear Joe:
This is in response to your letter dated January 31, 1985,
setting forth the views of the Office of Management and Budget
regarding the desirability of legislative action to resolve on-
going questions regarding the applicability of the home-to-work
transportation prohibition of 31 U.S.C. § 1344.
In response to your request for assistance, we are enclos-
ing a draft of an amended version of section 1344, which we
think substantially conforms to the substantive points you made
in your January 31 letter. We have somewhat arbitrarily set
the cut-off point at executive level II with the addition of a
few other persons, based upon prior congressional considera-
tion. Also we have received inquiries concerning the Under-
secretaries and Counselor of the Department of State whom you
may or may not wish to include in the process of completing
work on your legislation.
You also asked about our plans to enforce compliance with
existing law during the period that the Congress is considering
remedial legislation. As you know, in our decision in 62 Comp.
Gen. 438 (1983), we held that the home-to-work transportation
prohibition of 31 U.S.C § 1344 (a) constituted a "clear prohi-
bition which cannot be waived or modified by agency heads
through regulations or otherwise." 62 Comp. Gen. at 441. How-
ever, in view of the confused state of the law prior to our
decision in that case, we held that we would not question con-
tinued use of Government cars to transport heads of non-cabinet
agencies and the respective principal deputies of both cabinet
and non-cabinet agencies until the end of the Ninety-Eighth
Congress. Now that the Ninety-Eighth Congress has ended, our
temporary suspension has also ended. While it is not feasible
to devote extensive resources to initiating an investigation of
compliance with our 1983 decision, if specific instances of
alleged violations are brought to our attention, we will, of
course, render an appropriate decision.
B-210555
Notwithstanding the above, if the Administration's pro-
posed legislation is promptly introduced in the Ninety-Ninth
Congress, we will delay until June 1, 1985, any effort to en-
force the transportation restrictions with respect to persons
who would be eligible for Government home-to-work transporta-
tion under the terms of the Administration's bill. For all
other persons, the restriction will continue to be in effect.
You may wish to issue some guidance to the various departments
and agencies in the executive branch who, judging by the many
inquiries we have received, are still not clear about the re-
quirements of the law.
Charles Sincerely A. yours Bowsher
Comptroller General
of the United States
Enclosure
- 2 -
Attachment
Section 1344 of Title 31 as amended (with changes underscored).
§ 1344. Passenger motor vehicle and aircraft use
(a) Except as specifically provided by law, an
appropriation may be expended to maintain, operate,
and repair passenger motor vehicles or aircraft of the
United States Government that are used only for an
official purpose. An official purpose does not
include transporting officers or employees of the
Government between their domiciles and places of
employment except--
(1) medical officers on out-patient medical
service;
(2) officers or employees performing field work
requiring transportation between their domiciles
and place of employment when the transportation is
approved by the head of the agency; and
(3) when an agency head makes a determination that
an emergency exists or that highly unusual
circumstances present safety, security, or other
operational considerations which make such
transportation, on a temporary basis, essential to
the conduct of official business, provided that the
Director of the Federal Bureau of Investigation
shall be afforded such transportation on a perman-
ent basis. The authority to make such a determina-
tion is non-delegable. The convenience or comfort
of the employees to be transported is not a suffi-
cient reason for the authorization of transporta-
tion under this subsection.
(b) This section does not apply to a motor vehicle or aircraft
for the official use of--
(1) the President and the Vice President;
(2) (A) such persons in the White House Office, in
the discretion of the President, whose compensation
is fixed at rates at least equal to the rate of
basic pay set for level II of the Executive
Schedule pursuant to 3 U.S.C. § 105 (a) (2) (A);
- 2 -
(B) the heads and deputy heads of executive
departments listed in section 101 of Title 5, the
Department of the Army, the Department of the
Navy, the Department of the Air Force, and such
other agencies deemed by the President to have
Cabinet-level status or the equivalent, provided
that no more than three such agencies shall be so
designated at any time; provided further that
transportation under this subsection shall be
granted only upon the determination of the agency
head that such transportation is appropriate, and
provided further that the authority to make this
decision shall be non-delegable;
(C) the heads of all other establishments in the
Executive Branch whose positions are classified
at Level II of the Executive Schedule by section
5313 of Title 5, but not including the heads of
those agencies specified in section 3502(10) of
title 44;
- 3 -
(D) The Joint Chiefs of Staff, the two
Undersecretaries of Defense, and the Deputy
Director of the Central Intelligence Agency.
(E) such members and employees of the Congress
as each House may by rule direct;
(F) The Comptroller General of the United
States; and
(G) the Chief Justice and Associate Justices of
the United States, in the discretion of the
Chief Justice; or
(3) principal diplomatic and consular officials.
(c) The transportation of the spouse of any officer, employee,
or member listed in subsection (b) of this section may be
considered as being provided for an official purpose when such
transportation is advantageous to the Government and incidental
to the performance of official business by the listed officer,
employee, or member.
- 4 -
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
January 31, 1985
Honorable Charles Bowsher
Comptroller General of the United States
General Accounting Office
441 G Street, N.W.
Washington, D.C. 20548
Dear Chuck:
In recent months, a great deal of attention has been paid to the
question whether, and under what circumstances, senior officials
of the Executive Branch may be provided with portal-to-portal
transportation. This issue was crystallized by an opinion issued
by the Comptroller General on June 3, 1983, which disagreed with
opinions of the Departments of Defense and State as to when such
transportation could be provided and recommended that Congress
consider revision of the statutes which authorize its provision.
Although we may have differing interpretations of the current
laws, I strongly agree with your position that a legislative
solution to the portal-to-portal problem is desirable. The
Administration intends to submit legislation to Congress in early
1985 proposing amendments to the current statutes to provide a
reasonable and definitive resolution of this question. In light
of GAO's long experience with the portal-to-portal issue, I would
greatly appreciate your assistance in drafting an appropriate
statute.
In our view, a legislative proposal should incorporate at least
the following principles:
1.) Portal-to-portal transportation should be available
to senior officials of the Legislative Branch, in the
discretion of the Speaker of the House and the President
pro tempore of the Senate.
2.) Such transportation should be available to Justices
of the Supreme Court, in the discretion of the Chief
Justice.
3.) Within the Executive Branch, eligibility for
portal-to-portal transportation should be restricted to a
small number of persons who hold specifically designated
senior positions. Those positions should be at such a
-2-
high level of responsibility that provision of such
transportation can be said to serve the public's interest
in the discharge of their vital official duties, rather
than the personal comfort or convenience of the persons
concerned. Such transportation should not automatically
be made available to those eligible. Instead, the head of
the agency should be granted discretion to provide such
transportation and thus be made accountable for that
decision.
4.) Allowance should be made for provision of such
transportation on a temporary basis, under narrowly
defined circmstances involving an emergency or highly
unusual circumstances presenting safety, security or other
operational considerations that make such transportation
necessary to the conduct of government business.
5.) Provisions of such transporation to spouses should be
permitted only in the most restrictive conditions, along
the lines set forth in prior GAO opinions.
Your June 1983 opinion stated that, in light of the continuing
confusion surrounding the provision of portal-to-portal
transportation, enforcement of the opinion would be deferred as
to certain, cited positions until the end of the 98th Congress in
order to permit time for a legislative solution. Would you
please advise us on what you propose to do with respect to
enforcement of your opinion in the interim while the 99th
Congress considers remedial legislation.
-I look forward to working with you and members of Congress to
devise an appropriate answer to this question.
Sincerely,
Joseph R. Wright, Jr.
Deputy Director
THE WHITE HOUSE
WASHINGTON
June 10, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ODR
SUBJECT:
Portal-to-Portal
Horowitz has sent you a copy of the latest version of the
portal-to-portal bill, which he has also sent to Dwight Ink
at GSA. Apparently the plan is for GSA to submit the bill
to Congress. Horowitz has also sent a proposed transmittal
letter for Ink's signature. After obtaining Ink's expected
approval this morning, Horowitz will run the package by
Socolar, since the transmittal letter contains representa-
tions of GAO support for the bill. Horowitz hopes to have
full clearance by close of business today.
In this latest version, Horowitz has added a general Level
II provision (Section 1344 (b) (2) (B)) rather than a White
House Level II and Executive Branch Level II provision, as
in the old version. He has kept in, however, the provision
for heads and deputy heads of Cabinet departments and three
"Cabinet-level or equivalent status" agencies designated by
the President (Section 1344 (b) (2) (A)). I had thought your
suggestion was simply to provide for Executive Branch Level
II or above, period. Cabinet heads are of course at Level I
and would be covered by a general Level II or above provision.
So would deputy secretaries at State, Treasury, Defense,
Agriculture, Transportation, and Energy, and the Deputy
Attorney General. The six other deputy heads of Cabinet
departments -- typically under secretaries rather than
deputy secretaries - are paid at Level III and would lose
out if we changed to a straight Level II or above system.
John Cooney at OMB advises me that Section 1344 (b) (2) (A) was
kept in to allow the President flexibility to designate
three agencies with "Cabinet level or equivalent status"
that would not be covered by a general Level II provision,
such as GSA or the VA.
Horowitz's new version retains special treatment for the
Joint Chiefs of Staff and the two Under Secretaries of
Defense, and adds the Commandant of the Coast Guard. The
Comptroller General and the Chairman of the Federal Reserve
Board are mentioned separately (since they are not in the
Executive Branch). The new version also omits the spousal
transportation provision.
- 2 -
If your agreement with Horowitz was to shift to a straight
Level II approach, this bill does not do it, because the
separate provision for heads and deputy heads of Cabinet and
up to three "Cabinet-level or equivalent status" agencies is
retained. If your objective was simply to eliminate
separate mention of the White House staff in the bill, that
goal has been achieved. We should discuss as soon as
possible in order to be able to halt Horowitz before he
sends the package to Socolar, if necessary.
ID #
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H - INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
mike Howourtz
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Portal - to - Portal Transportation
Draft Bill
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR 85106107
/ /
Referral Note:
COAT18
R/D 85/06/07
S 85/06/10
Referral Note:
10AM
/
/
/ /
-
Referral Note:
/ /
/
/
-
Referral Note:
/ /
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
1. Info Copy Only/No Action Necessary
A. Answered
C Completed
C. Comment/Recommendation
R. Direct Reply w/Copy
B. Non-Special Referral
S Suspended
D. Draft Response
S. For Signature
F. . Furnish Fact Sheet
X. Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
EXECUTIVE OFFICE OF THE PRESIDENT
STATE ENTO SECUTIVE OFFICE OFFICE $
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
MEMORANDUM
June 7, 1985
To:
Fred Fielding
From:
Mike Horowitz
Subject:
Portal-to-Portal
Attached is the draft which was sent to Dwight Ink this
afternoon.
He will be giving his comments to us on Monday morning. At that
time I will take the new draft to Socolar and seek his approval
and GAO support. This should be forthcoming given the fact that
the new draft largely restricts eligibility as compared with the
draft that Chuck Bowsher had earlier signed off on.
Hopefully - if Ink and Socolar are reasonable and available -
we should have a full signoff by c.o.b. Monday.
Please advise if you have any questions or problems with the bill
or transmittal letter.
CC: Joe Wright
A BILL
To authorize the transportation of officers or employees of
the Federal government for security reasons, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Sec. 2. Title 31, United States Code, Section 1344 is
amended to read as follows:
"Sec. 1344. Passenger motor vehicle and aircraft use
" (a) Except as specifically provided by law, an
appropriation may be expended to maintain, operate, and repair
passenger motor vehicles or aircraft of the United States
Government that are used only for an official purpose. An
official purpose does not include transporting officers or
employees of the Government between their domiciles and places of
employment except--
"(1) medical officers on out-patient medical service;
" (2) officers or employees performing field work requiring
transportation between their domiciles and place of employment
2
when the transportation is approved by the head of the agency;
and
" (3) when an agency head makes a determination, which shall
be effective for no longer than ninety days and may be renewed by
the agency head on a quarterly basis, that an emergency exists or
that highly unusual circumstances present safety, security, or
other operational considerations which make such transportation
essential to the conduct of official business, provided that the
Director of the Federal Bureau of Investigation shall be afforded
such transportation on a permanent basis. The authority to make
such a determination is non-delegable. The convenience or
comfort of the employees to be transported is not a sufficient
reason for the authorization of transportation under this
subsection.
11 (b) This section does not apply to a motor vehicle or
aircraft for the official use of--
11 (1) the President and the Vice President;
Il (2) (A) the heads and deputy heads of Executive departments
listed in section 101 of title 5, and such other agencies deemed
by the President to have Cabinet-level status or the equivalent,
provided that no more than three such agencies shall be SO
designated at any time; provided further that transportation
under this subparagraph shall be granted only upon the
3
determination of the agency head that such transportation is
appropriate, and provided further that the authority to make this_
decision shall be non-delegable;
" (B) persons in the Executive branch compensated at an
annual rate of basic pay equal to, or greater than, that
established for Level II of the Executive Schedule pursuant to
chapter 11 of title 2, but not including ambassadors-at-large or
employees or officers of those agencies specified in section
3502 (10) of title 44;
" (C) the Joint Chiefs of Staff, the two Undersecretaries of
Defense, and the Commandant of the Coast Guard;
#1 (D) such members and employees of the Congress as each
House may by rule direct;
#: (E) the Comptroller General of the United States and the
Chairman of the Federal Reserve Board;
0 (F) the Chief Justice and Associate Justices of the United
States, in the discretion of the Chief Justice; or
11 (3) principal diplomatic and consular officials. "
#
Copy sent to
D. Ink on 6/7
Honorable Thomas P. O'Neill
Speaker of the House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
Enclosed for referral to the appropriate committees is a
legislative proposal entitled, "To authorize the transportation
of officers or employees of the Federal government for security
reasons, and for other purposes."
During the past few years, considerable attention has been paid
to the question of whether, and under what circumstances, senior
government officials may be provided with transportation between
their homes and offices ("portal-to-portal" transportation). In
1983, in particular, the Comptroller General issued an opinion in
which he disagreed with the Departments of State and Defense with
respect to how they had been providing portal-to-portal
transportation. He also recommended the enactment of legislation
addressing the matter.
The Administration does not necessarily concur in the
Comptroller's 1983 interpretation of the law; however, in view of
the prevailing uncertainty regarding the scope of the existing
statutory provisions, we are forwarding a legislative proposal
for the consideration of the Congress to clarify the situation.
This proposal is the result of extensive consultations with the
Comptroller General concerning the officials, in all three
branches of the Federal Government, who might appropriately be
provided portal-to-portal transportation.
This proposal was jointly prepared by the Administration and the
Comptroller General, who supports its enactment.
Under the Comptroller's 1983 opinion, the following officials are
currently eligible for portal-to-portal transportation:
O The President;
O The Secretaries of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, Interior, Labor, State, Transportation, and the
Treasury, and the Attorney General;
O Principal diplomatic and consular officials;
O Medical officers on out-patient medical services; and
O Certain officers performing field work.
The Deputy Secretary of Defense, the Under Secretaries of
Defense, and the members of the Joint Chiefs of Staff were
subsequently authorized to receive portal-to-portal
transportation under section 614 (a) of Public Law 98-525.
If enacted, the enclosed legislative proposal would eliminate the
needless confusion with respect to who is, and who is not,
eligible for portal-to-portal transportation: The draft bill
would strictly circumscribe and limit the, number of officials who
would be eligible. More importantly, the bill would assure that
government vehicles are used for purposes related directly to
official government business. Nor would coverage be automatic
for each listed official. To the contrary, in many instances the
draft bill would require an agency head to give his or her
personal approval before portal-to-portal transportation could be
authorized.
In addition to the officials currently authorized on an express
basis to receive portal-to-portal transportation, the
Administration's proposal would make the following officials
expressly and exclusively eligible:
o The Vice President;
O Deputy heads of Cabinet agencies, and the head and deputy head
of up to three other agencies deemed by the President to have
Cabinet-level status, provided, in each instance, that the head
of the agency concerned determines, on a non-delegable basis,
that coverage is appropriate;
o Persons in the Executive branch compensated at a rate equal to,
or greater than, the rate for Level II of the Executive
Schedule;
o The Director of the Federal Bureau of Investigation and the
Commandant of the Coast Guard;
O Persons for whom it is determined, by the head of an agency on
a non-delegable and renewable basis, that safety, security, or
other operational reasons make transportation essential for the
conduct of official business;
O Members and employees of the Congress, as directed by each
House, and the Comptroller General of the United States; and
O The Chief Justice and Associate Justices of the Supreme Court,
as designated by the Chief Justice.
Some of the persons listed above - such as the Vice President -
may already receive portal-to-portal transportation under
opinions of counsel that transportation of this nature is
necessary for security reasons.
As noted previously, the bill would limit the availability of
portal-to-portal transportation to those few very senior
officials whose duties and responsibilities, in the view of the
Comptroller General, clearly warrant it. It would not -- and
this point should be stressed -- be made available for the
personal comfort or convenience of the officials concerned. It
would, instead, assist a limited number of specific officeholders
to discharge their official duties in an efficient and effective
manner.
I look forward to working with the Congress in resolving the
uncertainties that currently surround the issue of
portal-to-portal transportation.
I have sent an identical letter to the President of the Senate.
Sincerely,
Dwight Ink
Acting Administrator
THE WHITE HOUSE
WASHINGTON
June 11, 1985
MEMORANDUM FOR MICHAEL HOROWITZ
COUNSEL TO THE DIRECTOR
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Portal-to-Portal
I have reviewed today's version of the portal-to-portal bill
and transmittal letter. Attached are my changes to both items
which reflect the desired formula. I've discussed these with
Dwight Ink and he is in agreement.
If you have any questions or disagree that these changes should
be made, please call me.
-
-
Thank you.
FFF:dgh
CC: FFFielding
JGRoberts
Subject
Chron
Honorable Thomas P. O'Neill
Speaker of the House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
Enclosed for referral to the appropriate committees is a
legislative proposal entitled, "To authorize the transportation
of officers or employees of the Federal government for security
reasons, and for other purposes."
During the past few years, considerable attention has been paid
to the question of whether, and under what circumstances, senior
government officials may be provided with transportation between
their homes and offices ("portal-to-portal" transportation). In
1983, in particular, the Comptroller General issued an opinion in
which he disagreed with the Departments of State and Defense with
respect to how they had been providing portal-to-portal
transportation. He also recommended the enactment of legislation
addressing the matter. As a result, the Administration developed
overall (and highly limiting) specifications for a bill defining
eligibility for portal-to-portal transportation, and requested
the Comptroller General to draft a bill based on those
specifications. With regard to Executive branch positions, the
Administration's request to the Comptroller General was to
designate in the draft bill only those positions which in his
judgment were "at such a high level of responsibility that
provision of such transportation can be said to serve the
public's interest in the discharge of their vital official
duties, rather than the personal comfort or convenience of the
persons concerned."
The attached proposal, submitted as an Administration bill,
results from the draft submitted by the Comptroller General,
based on Administration specifications, and is supported by the
Comptroller General.
The Administration does not necessarily concur in the
Comptroller's 1983 interpretation of the law; however, in view of
the prevailing uncertainty regarding the scope of the existing
statutory provisions, we are forwarding this legislative proposal
for the consideration of the Congress to clarify the existing
situation.
The following officials are explicitly eligible for
portal-to-portal transportation under Title 31 of the United
States Code:
The President;
The Secretaries of Agriculture, Commerce, Defense,
Education, Energy, Health and Human Services, Housing and
Urban Development, Interior, Labor, State, Transportation,
and the Treasury, and the Attorney General;
Principal diplomatic and consular officials;
Medical officers on out-patient medical services; and
Certain officers performing field work.
In addition, the Deputy Secretary of Defense, the Under
Secretaries of Defense, and the members of the Joint Chiefs of
Staff were also explicitly authorized to receive portal-to-portal
transportation under section 614 (a) of Public Law 98-525.
If enacted, the enclosed legislative proposal would eliminate
needless confusion with respect to who is, and who is not,
eligible for portal-to-portal transportation. The draft bill
would strictly circumscribe and limit the number of officials who
would be eligible. It would assure that government vehicles are
used for purposes related directly to official government
business. Nor would coverage be automatic for each listed
official. To the contrary, the draft bill would require an
agency head to give his or her personal approval before
portal-to-portal transportation could be authorized.
In addition to the officials currently authorized on an express
basis to receive portal-to-portal transportation, the
Administration's proposal would make the following officials
expressly and exclusively eligible:
The Vice President;
Deputy heads of Cabinet agencies, and the head and deputy
head of up to three other agencies deemed by the President
to have Cabinet-level status, provided, in each instance
that the head of the agency concerned determines, on a
non-delegable basis, that coverage is appropriate
Certain persons in the Executive branch compensated at a
rate equal to, or greater than, the rate for Level II of
the Executive Schedule; programine, in lad restance, the the
The Director of the Federal Bureau of Investigation and
head of the again concerned deleims, m a non-delgable bain, the cause
the Commandant of the Coast Guard;
**handwriting reads as follows: provided, in each instance,
that the head of the agency concerned determines, on a non-
delegable basis, that coverage is appropriate.
Persons for whom it is determined, by the head of an
agency on a non-delegable and renewable basis, that
safety, security, or other operational reasons make
transportation essential for the conduct of official
business;
Members and employees of the Congress, as directed by each
House, and the Comptroller General of the United States;
and
The Chief Justice and Associate Justices of the Supreme
Court, as designated by the Chief Justice.
Some of the persons listed above -- such as the Vice President --
may already receive portal-to-portal transportation under
opinions of counsel that transportation of this nature is
necessary for security reasons.
As noted previously, the bill would limit the availability of
portal-to-portal transportation to those few very senior
officials whose duties and responsibilities, in the view of the
Comptroller General, clearly warrant it. It would not -- and
this point should be stressed -- be made available for the
personal comfort or convenience of the officials concerned. It
would, instead, assist a limited number of specific officeholders
to discharge their official duties in an efficient and effective
manner. As can be noted, eligibility criteria in the bill
largely builds upon (but in some instances is narrower than)
Congressional determinations of Executive Level II status.
Finally, department and agency heads are being asked to make sure
their organizations adhere strictly to the provisions of whatever
legislation is enacted. OMB will look to the President's Council
on Integrity and Efficiency to help coordinate the work of the
Inspector Generals in assisting these officials in ensuring such
compliance.
I look forward to working with the Congress in resolving the
uncertainties that currently surround the issue of
portal-to-portal transportation.
An identical letter has been sent to the President of the Senate.
The Office of Management and Budget advises that it has no
objection to the submission of this legislative proposal to the
Congress from the standpoint of the Administration's program.
Sincerely,
Dwight Ink
Acting Administrator
A BILL
To authorize the transportation of officers or employees of
the Federal government for security reasons, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Sec. 2. Title 31, United States Code, Section 1344 is
,
amended to read as follows:
"Sec. 1344. Passenger motor vehicle and aircraft use
51 (a) Except as specifically provided by law, an
appropriation may be expended to maintain, operate, and repair
passenger motor vehicles or aircraft of the United States
Government that are used only for an official purpose. An
official purpose does not include transporting officers or
employees of the Government between their domiciles and places of
employment except--
" (1) medical officers on out-patient medical service;
" (2) officers or employees performing field work requiring
transportation between their domiciles and place of employment
2
when the transportation is approved by the head of the agency;
and
8
(3) when an agency head makes a determination, which shall
be effective for no longer than ninety days and may be renewed by
the agency head on a quarterly basis, that an emergency exists or
that highly unusual circumstances present safety, security, or
other operational considerations which make such transportation,
essential to the conduct of official business; provided that the
Director of the Federal Bureau of Investigation shall be afforded
such transportation on a permanent basis. The authority to make
such a determination is non-delegable. The convenience or
comfort of the employees to be transported is not a sufficient
reason for the authorization of transportation under this
subsection.
"
(b) This section does not apply to a motor vehicle or
aircraft for the official use of--
" (1) the President and the Vice President;
" (2) (A) the heads and deputy heads of Executive departments
listed in section 101 of title 5, and such other agencies deemed
by the President to have Cabinet-level status or the equivalent,
provided that no more than three such agencies shall be so
designated at any time; provided further that transportation
under this subparagraph shall be granted only upon the
3
determination of the agency head that such transportation Is
SILT
appropri ate and provided further that the authority to make this
decision shall be non-delegable;
" (B) persons in the Executive branch compensated at an
annual rate of basic pay equal to, or greater than, that
established for Level II of the Executive Schedule pursuant to
chapter 11 of title 2, but not including ambassadors-at-large or
employees or officers of those agencies specified in section
3502 (10) of title 44; provided further that transportation under
this subparagraph shall be granted only upon the determination of
the agency head that such transportation is appropriate, and
provided further that the authority to make this decision shall
be non-delegable;
WT (C) the Joint Chiefs of Staff, the two Undersecretaries of
Defense, and the Commandant of the Coast Guard;
" (D) such members and employees of the Congress as each
House may by rule direct;
" (E) the Comptroller General of the United States and the
Chairman of the Federal Reserve Board;
" (F) the Chief Justice and Associate Justices of the United
States, in the discretion of the Chief Justice; or
MORE
4
" (3) principal diplomatic and consular officials. "
+ provision for spoure transportal
ID #
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5/81
HEALTH UNITED STATES
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
MEMORANDUM
June 19, 1985
To:
Joe Wright
Fred Fielding
From:
Mike Horowitz
MY
Subject:
Portal-to-Portal
On the assumption that the GAO will not support our draft bill,
here is my shot at what just might be the final version of the
bill and transmittal letters. (I've cleared with Jim Frey that
it will be alright to send the bill directly to Brooks and Roth
rather than to the Speaker and President Pro-Tem of the Senate.)
If both of you concur, I propose that Dwight be called and asked
to sign the transmittal letters tomorrow.
Honorable Jack Brooks
Chairman, House Government Operations Committee
Washington, D.C. 20515
Dear Mr. Chairman:
Enclosed for referral to the appropriate committees is a
legislative proposal entitled, "To authorize the transportation
of officers or employees of the Federal government for security
reasons, and for other purposes.
During the past few years, considerable attention has been paid
to the question of whether, and under what circumstances, senior
government officials may be provided with transportation between
their homes and offices ("portal-to-portal" transportation). In
1983, in particular, the Comptroller General issued an opinion in
which he disagreed with the Departments of State and Defense with
respect to how they had been providing portal-to-portal
transportation. He also recommended the enactment of legislation
addressing the matter. As a result, the Administration developed
overall specifications for a bill defining eligibility for
portal-to-portal transportation, and requested the Comptroller
General to draft a bill based on those specifications. With
regard to Executive branch positions, the Administration's
request to the Comptroller General was to designate in a draft
bill only those positions which in his judgment were "at such a
high level of responsibility that provision of such
transportation can be said to serve the public's interest in the
discharge of-their vital official duties, rather than the
personal comfort or convenience of the persons concerned."
The attached bill results from the draft prepared by the
Comptroller General, based on the above specifications.
The Administration does not necessarily concur in the
Comptroller's 1983 interpretation of the law; however, in view of
the prevailing uncertainty regarding the scope of the existing
statutory provisions, we are forwarding this legislative proposal
for the consideration of the Congress to clarify the existing
situation.
The following officials are explicitly eligible for
portał-to-portal transportation under Title 31 of the United
States Code:
O- The President;
-2-
The Secretaries of Agriculture, Commerce, Defense,
Education, Energy, Health and Human Services, Housing and
Urban Development, Interior, Labor, State, Transportation,
and the Treasury, and the Attorney General;
Principal diplomatic and consular officials;
Medical officers on out-patient medical services; and
Certain officers performing field work.
In addition, the Deputy Secretary of Defense, the Under
Secretaries of Defense, and the members of the Joint Chiefs of
Staff were also explicitly authorized to receive portal-to-portal
transportation under section 614 (a) of Public Law 98-525. Also,
subsection 12 (g) of Public Law 81-216, the National Security Act
Amendments of 1949, creating the Department of Defense, permits
the three Secretaries of the respective military departments to
be deemed 5 U.S.C. 101 equivalents and thus, in effect, makes
them expressly eligible for portal-to-portal transportation.
See, 62 Comptroller General 438, 443, footnote 1 (1983).
If enacted, the enclosed legislative proposal would eliminate
needless confusion with respect to who is, and who is not,
eligible for portal-to-portal transportation. The draft bill
would strictly circumscribe and limit the number of officials who
would be eligible. The bill would provide that government
vehicles are used for purposes related directly to official
government business. Coverage would not be automatic for each
listed official. In many instances, the draft bill would require
an agency head to give his or her personal approval before
portal-to-portal transportation could be authorized even though
the position is listed in the statute.
In addition to the officials now expressly authorized to receive
portal-to-portal transportation, the Administration's proposal
would make the following officials expressly and exclusively
eligible:
The Vice President;
Deputy heads of Cabinet agencies, the head and deputy head
of up to three other agencies deemed by the, President to
have Cabinet-level status; the most senior- officials in
the White House Office; and certain persons in the
Executive branch holding Level II positions in the
-3-
Executive Schedule; provided, that, for deputy heads and
agency heads of constituent components of Cabinet
agencies, the Cabinet Secretary determines, on a
non-delegable basis, that coverage is appropriate;
The Director of the Federal Bureau of Investigation and
the Commandant of the Coast Guard;
Persons for whom it is determined, by the head of an
agency on a non-delegable and renewable basis, that
safety, security, or other operational reasons make
transportation essential for the conduct of official
business;
Members and employees of the Congress, as directed by each
House, and the Comptroller General of the United States;
and
The Chief Justice and Associate Justices of the Supreme
Court, as designated by the Chief Justice.
Some of the persons listed above -- such as the Vice President --
may already receive portal-to-portal transportation under
opinions of counsel that transportation of this nature is
necessary for security reasons.
As noted previously, the bill would limit the availability of
portal-to-portal transportation to those few very senior
officials whose duties and responsibilities, in the view of the
Comptroller General, clearly warrant it. It would not -- and
this point should be stressed -- be made available for the
personal comfort or convenience of the officials concerned. It
would, instead, assist a limited number of specific officeholders
to discharge their official duties in an efficient and effective
manner. Moreover, it would be more limited than what Congress
had authorized last year in extending entitlement for
portal-to-portal transportation to two Level III Under
Secretaries in the Defense Department. It should be emphasized
that eligibility under the bill for this type of transportation
is based on Executive Level II status, as already determined by
the Congress.
It should be noted that department and agency heads are being
asked to make sure their organizations adhere strictly to the
provisions of whatever legislation is enacted. The Office of
Management and Budget will look to the President's Council on
Integrity and Efficiency to help coordinate the work of the
-4-
Inspectors General in assisting these officials in ensuring
compliance.
I look forward to working with the Congress in resolving the
uncertainties that currently surround the issue of
portal-to-portal transportation.
An identical letter has been sent to the Chairman of the Senate
Governmental Affairs Committee.
The Office of Management and Budget has advised that it has no
objection to the submission of this legislative proposal to the
Congress from the standpoint of the Administration's program.
Sincerely,
Dwight Ink
Acting Administrator
A BILL
To authorize the transportation of officers or employees of
the Federal government for security reasons, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Sec. 2. Title 31, United States Code, Section 1344 is
amended to read as follows:
"Sec. 1344. Passenger motor vehicle and aircraft use
. (a) Except as specifically provided by law, an
appropriation may be expended to maintain, operate, and repair
passenger motor vehicles or aircraft of the United States
Government that are used only for an official purpose. An
official purpose does not include transporting officers or
employees of the Government between their domiciles and places of
employment except--
" (1) medical officers on out-patient medical service;
E
(2) officers or employees performing field work requiring
2
transportation between their domiciles and place of employment
when the transportation is approved by the head of the agency;
and
(3) when an agency head makes a determination, which shall
be effective for no longer than ninety days and may be renewed by
the agency head on a quarterly basis, that an emergency exists or
that highly unusual circumstances present safety, security, or
other operational considerations which make such transportation,
essential to the conduct of official business; provided that the
Director of the Federal Bureau of Investigation shall be afforded
such transportation on a permanent basis. The authority to make
such a determination is non-delegable. The convenience or
comfort of the employees to be transported is not a sufficient
reason for the authorization of transportation under this
subsection.
-
(b) This section does not apply to a motor vehicle or
aircraft for the official use of--
. (1) the President and the Vice President;
(2) (A) the heads and deputy heads of Executive departments
listed in section 101 of title 5, and such other agencies deemed
by the President to have Cabinet-level status or the equivalent,
provided that no more than three such agencies shall be so
3
designated at any time, and such persons as may be designated by
the President from among the positions authorized by section
105 (a) (2) (A) of title 3; provided further that transportation
under this subparagraph provided to deputy agency heads shall be
granted only upon the determination of the agency head that such
transportation is appropriate, and provided further that the
authority to make this decision shall be non-delegable;
" (B) other persons in the Executive branch designated at
Level II of the Executive Schedule pursuant to section 5313 of
title 5, but not including ambassadors-at-large; provided further
that in the case of such persons whose agencies are constituent
elements of Executive departments listed in Section 101 of title
5, transportation under this subparagraph shall be granted only
upon the determination of the Executive department head that such
transportation is appropriate, and provided further that the
authority to make this decision shall be non-delegable;
" (C) the Joint Chiefs of Staff, the two Undersecretaries of
Defense, and the Commandant of the Coast Guard;
" (D) such members and employees of the Congress as each
House may by rule direct;
If
(E) the Comptroller General of the United States;
4
5
(F) the Chief Justice and Associate Justices of the United
States, in the discretion of the Chief Justice; or
" (3) principal diplomatic and consular officials. "
ID #.
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S For Signature
F - Furnish Fact Sheet
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to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
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5/81
OFFICE MTR: FRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
MEMORANDUM
June 19, 1985
TO:
Fred Fielding
FROM:
Mike Horowitz
MU
RE:
Portal-to-Portal
Here's the latest draft, which the GAO now takes the position is
required in order for them to give their (needed) support. As
you can see, the GAO changes:
limit to 5 the Presidential 3 U.S.C. 105 (a) (2) (A) Level
II designations who can receive the service; and
remove Presidential discretion to designate three
Cabinet-equivalent agencies whose heads and deputy
heads can receive the service.
(FYI, Socolar felt quite firmly about the first change; much less
about the second -- which is subject to further discussion.)
In addition, Socolar thought it unwieldly to exempt 5 U.S.C. 5313
independent agency heads from Section (b) (2) (B) of the draft when
the sole effect was the exclusion of the Chairman of the NRC --
at a cost of an unduly complex draft. I agree and Section
(b) (2) (B), as you can see, simply accepts Congress' rank list of
important positions on the basis of the Level II designations of
Section 5313.
One further change that I have put in to Section (b) (2) (B)
relates to the non-delegable certification of appropriateness.
It was put in at your suggestion, but is a bit unwieldly in the
current draft because it requires self-certification by some
agency heads and is also somewhat unclear about the status of EOP
certifications. My formulation, which restricts the required
agency head certifications to persons "whose agencies are
constitutent elements of Executive departments listed in Section
101 of title 5," appears to me to do the trick, but you may have
other thoughts.
I believe that if we sign on to the limit of 5 for the 3 U.S.C.
105 (a) (2) (A) Level II positions, a transmittal letter can be
drafted and signed within a couple of hours.
Let's talk and please advise.
CC: Joe Wright
A BILL
To authorize the transportation of officers or employees of
the Federal government for security reasons, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Sec. 2. Title 31, United States Code, Section 1344 is
amended to read as follows:
"Sec. 1344. Passenger motor vehicle and aircraft use
" (a) Except as specifically provided by law, an
appropriation may be expended to maintain, operate, and repair
passenger motor vehicles or aircraft of the United States
Government that are used only for an official purpose. An
official purpose does not include transporting officers or
employees of the Government between their domiciles and places of
employment except--
" (1) medical officers on out-patient medical service;
" (2) officers or employees performing field work requiring
transportation between their domiciles and place of employment
2
when the transportation is approved by the head of the agency;
and
" (3) when an agency head makes a determination, which shall
be effective for no longer than ninety days and may be renewed by
the agency head on a quarterly basis, that an emergency exists or
that highly unusual circumstances present safety, security, or
other operational considerations which make such transportation,
essential to the conduct of official business; provided that the
Director of the Federal Bureau of Investigation shall be afforded
such transportation on a permanent basis. The authority to make
such a determination is non-delegable. The convenience or
comfort of the employees to be transported is not a sufficient
reason for the authorization of transportation under this
subsection.
" (b) This section does not apply to a motor vehicle or
aircraft for the official use of--
" (1) the President and the Vice President;
" (2) (A) the heads and deputy heads of Executive departments
listed in section 101 of title 5 and such persons, not to exceed
five, as may be designated by the President from among the
positions authorized by section 105 (a) (2) (A) of title 3; provided
further that transportation under this subparagraph provided to
deputy agency heads shall be granted only upon the determination
3
of the agency head that such transportation is appropriate, and
provided further that the authority to make this decision shall
be non-delegable;
" (B) other persons in the Executive branch designated at
Level II of the Executive Schedule pursuant to section 5313 of
title 5, but not including ambassadors-at-large; provided further
that in the case of such persons whose agencies are constituent
elements of Executive departments listed in Section 101 of title
5, transportation under this subparagraph shall be granted only
upon the determination of the Executive department head that such
transportation is appropriate, and provided further that the
authority to make this decision shall be non-delegable;
" (C) the Joint Chiefs of Staff, the two Undersecretaries of
Defense, and the Commandant of the Coast Guard;
" (D) such members and employees of the Congress as each
House may by rule direct;
" (E) the Comptroller General of the United States;
" (F) the Chief Justice and Associate Justices of the United
States, in the discretion of the Chief Justice; or
" (3) principal diplomatic and consular officials.
E
ID #
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Comments:
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5/81
Administration Washington, DC 20405
GENERAL SERVICES
ADMINISTRATION
June 25, 1985
Honorable Michael Horowitz
Counsel to the Director
Office of Management and Budget
Old Executive Office Building, Room 472
Washington, DC 20503
Dear Mr. Mike Horowitz:
The draft letter for transmitting the portal-to-portal
legislation to Congress looks fine. However, we have not yet
cleared the questions and answers on White House staff.
My principal remaining concern relates to the fact that the
legislation authorizes up to 25 Executive Level II White House
staff. This means that we must be in a position to explain that,
despite the law, the President will designate only a much smaller
number, preferably a maximum of 5.
If we were called upon to explain the difference between the 25
now legally entitled in the views of GAO and Senator Proxmire and
the 87 authorized by this legislation, I believe we might
generate a surprising amount of negative publicity. The
President's strong position on waste and abuse will be perceived
as applying only to the government workers and not to the
political leadership of this Administration. If, however, we can
say that the practical effect is only 67 (87 - 20 White House
staff) because of White House staff limitations, I believe we
have a reasonably defensible position, although I would prefer an
even smaller number.
In handling this area for President Ford, I found that Senator
Proxmire and others are able to escalate this issue to ridiculous
heights. The chauffeuring of high officials, especially White
House staff, has a highly symbolic negative image in the eyes of
the man and woman on the street.
Trenght
Acting Administrator
CC: Honorable Fred Fielding
Counsel to the President
The White House