B-210555.2, SEP 1, 1983

B-210555.2, SEP 1, 1983

PRECIS-UNAVAILABLE

THE HONORABLE JEROME W. VAN GORKOM, UNDER SECRETARY OF STATE FOR MANAGEMENT DEPARTMENT OF STATE:

YOUR LETTER OF JULY 6, 1983, ENCLOSED A DESCRIPTION OF THE DUTIES OF THE CHIEF OF PROTOCOL, SELWA ROOSEVELT, AND COMMENTED UPON THE DIFFICULTIES SHE WOULD ENCOUNTER IN COMPLYING WITH OUR JUNE 3, 1983 DECISION CONCERNING THE USE OF GOVERNMENT VEHICLES AND CHAUFFEURS FOR HOME-TO-WORK TRANSPORTATION.

AS YOU KNOW, OUR DECISION CONCLUDED THAT USE OF GOVERNMENT VEHICLES FOR HOME-TO-WORK TRANSPORTATION WAS LIMITED BY THE PROVISIONS OF SEC. 1344 OF TITLE 31, U.S.C., TO THE PRESIDENT, CABINET LEVEL OFFICERS, PRINCIPAL DIPLOMATIC AND CONSULAR OFFICIALS, MEDICAL OFFICERS ON OUTPATIENT MEDICAL SERVICES, AND CERTAIN EMPLOYEES ENGAGED IN "FIELD WORK". THE DECISION CONCLUDED SPECIFICALLY THAT "SEVENTH FLOOR PRINCIPALS" OF THE STATE DEPARTMENT ARE NOT PRINCIPAL DIPLOMATIC OR CONSULAR OFFICIALS ENTITLED TO HOME-TO-WORK TRANSPORTATION UNDER THE LAW.

AT THE SAME TIME, IN A LETTER TRANSMITTING OUR DECISION TO THE HONORABLE JACK BROOKS, WE RECOGNIZED THAT GOVERNMENT OFFICIALS, SUCH AS THE HEADS OF MAJOR NON-CABINET LEVEL AGENCIES AND "PRINCIPAL OFFICIALS" (I.E. PERSONS OCCUPYING THE NUMBER TWO POSITION IN AN AGENCY) MIGHT WELL HAVE THE SAME NEED FOR HOME-TO-WORK TRANSPORTATION AS THOSE AUTHORIZED BY THE LAW. ALSO NOTED THAT THERE ARE NO PROVISIONS FOR HANDICAPPED PERSONNEL, OR FOR TRANSPORTATION TO AND FROM EVENING MEETINGS WHERE ALTERNATIVE TRANSPORTATION IS NOT AVAILABLE OR, GENERALLY, WHERE THERE IS NO OTHER WAY TO ACCOMPLISH OFFICIAL BUSINESS WITHOUT THE USE OF CHAUFFEUR-DRIVEN AUTOMOBILES.

FINALLY, IN VIEW OF EXISTING CONFUSION REGARDING APPLICATION OF THE HOME- TO-WORK RESTRICTION AND OF PAST GAO RECOMMENDATIONS FOR LEGISLATIVE CHANGE, WE STATED THAT OUR DECISION NEED NOT BE CONSIDERED EFFECTIVE WITH RESPECT TO AGENCY HEADS AND THEIR PRINCIPAL DEPUTIES UNTIL THE END OF THE PRESENT CONGRESS, IN ORDER TO ALLOW THE CONGRESS TIME TO CONSIDER AND CLARIFY OVERALL POLICY.

THE ENCLOSURES TO YOUR LETTER POINT OUT THAT THE CHIEF OF PROTOCOL HAS THE SAME DIPLOMATIC STATUS AS OUR AMBASSADORS OVERSEAS. EXAMPLES WERE PROVIDED OF THE FREQUENCY WITH WHICH THE CHIEF OF PROTOCOL IS REQUIRED TO ATTEND OFFICIAL EVENING FUNCTIONS WHICH CAN LAST AS LATE AS 1:00 A.M., TO ATTEND EARLY MORNING MEETINGS AT NON-OFFICE LOCATIONS, AND TO BE PRESENT FOR EARLY MORNING ARRIVALS OR DEPARTURES FROM ANDREWS AIR FORCE BASE. YOU NOTE THE DIFFICULTIES ATTENDANT TO USING PRIVATE TRANSPORTATION OR TAXICABS IN SUCH SITUATIONS; YOU POINT OUT THAT "FOR DAILY LATE NIGHT AND EARLY MORNING TRIPS, IT WOULD COST NO MORE TO PROVIDE HOME TRANSPORTATION FOR THE CHIEF OF PROTOCOL THAN TO ADD CAB FARE TO THE COST OF AN OFFICIAL VEHICLE TO OR FROM THE DEPARTMENT."

THE CHIEF OF PROTOCOL HOLDS A POSITION WHICH IS UNIQUE IN THE FEDERAL GOVERNMENT, REQUIRING ATTENDANCE ON VIRTUALLY A DAILY BASIS AT CLEARLY OFFICIAL FUNCTIONS HELD DURING OTHER THAN BUSINESS HOURS AND LOCATIONS AWAY FROM STATE DEPARTMENT HEADQUARTERS. AND IT WOULD APPEAR THAT ANY ADDITIONAL COSTS INCURRED IN TRANSPORTING THE CHIEF OF PROTOCOL TO OR FROM HER HOME INSTEAD OF TO OR FROM THE STATE DEPARTMENT IN THE CHAUFFEUR- DRIVEN GOVERNMENT CAR DURING NON-BUSINESS HOURS WOULD BE MINIMAL. INDEED, IT WOULD SEEM, IN LIGHT OF THE FUNCTION BEING CARRIED OUT, THAT MUCH OF HER TRANSPORTATION BETWEEN HOME AND WORK SHOULD PROPERLY BE CLASSIFIED AS OFFICIAL.

ACCORDINGLY, WE WILL NOT AT THIS TIME SEEK TO DISTINGUISH BETWEEN CIRCUMSTANCES WHEN IT WOULD BE PERMISSIBLE FOR THE CHIEF OF PROTOCOL TO USE A GOVERNMENT CAR FOR HOME-TO-WORK TRAVEL AND THOSE WHEN IT WOULD NOT BE. WE THINK, HOWEVER, THAT THE REQUIREMENTS OF MS. ROOSEVELT'S UNUSUAL JOB, AS WELL AS THE NEEDS OF OTHER GOVERNMENT OFFICIALS, SHOULD BE COMMUNICATED TO THE OFFICE OF MANAGEMENT AND BUDGET. THIS WAS SUGGESTED BY CHAIRMAN BROOKS IN HIS LETTER TO OMB LAST JUNE TO AID OMB IN PREPARING PROPOSED AMENDMENTS TO SECTION 1344.