CIVIL SERVICE REFORM LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00142R000400010012-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: December 28, 2001
• Sequence Number: 12
• Publication Date: September 18, 1978
• Content Type: MFR

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OLC 78-0487/x@.3
18 September 1978
MEMORANDUM FOR THE RECORD
SUBJECT: Civil Service Reform Legislation
this morning on the Civil Service Reform Legislation (S. 264(!/
H.R. 11280). Representative Morris K. Udall (D., Ariz.) was
.designated Chairman; Senator Abraham A. Ribicoff (D., Conn..).
STATINTL took the lead in speaking for the Senate conferees. The
STATINTL undersigned, Assistant Legislative Counsel, zne
ice of General Counsel, attended as
ouservers.
2. The conferees agreed the next formal conference
session would be 10 a.m., Tuesday, 26 September, and that,
since Senator Ribicoff would be unavailable until that time, ar
informal session would be held at 2 p.m., Wednesday, 20 SeptEmber.
3. The major substantive issues were identified as follov;:
(1) Exclusions t-
(a) Foreign Service
(2) Investigations of allegations
(3) Stays of agency personnel action
(4) Appeals procedures and standards
(5) Adverse action - discrimination
(6) Attorney fee reimbursements
(7) Term of office and removal of Director of OPH
(8) Judicial review of Merit Board - Court of Appeals or
District Court
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( 9) Executive pay level of Presidential
appointees (Senate lower)
(10) Cap on Federal employees
(11) Veterans preference - numerous differences (e g
notification of preference eligibles)
(12) SES effective date - experimental in House
for 2 years; Senate 9 months
(13) Establish of career reserve positions - flooi
(no House provision)
Maximum on total number of executive posi i.ors
(House)
(14) Pay and benefits of SES employees
(pay cap in House; amounts of awards)
(15) Authority to exempt agencies from merit pay
(Presidential exemption power)
(16) Inflation pay adjustments
(17) Research and Development - renewals thereof
(18) Flexi-time (no Senate provision)
HOUSE RECEDES (since Senate passed its
bill on Friday 9/15)
(19) Status of FLRA
(20) Judicial review- of F:~RA
(21) Matters excluded from labor relations process
(22) Power to withhold dues
(23) Exclusivity of grievance procedures
(24) Title VIII of House bill - save grade, save -ja'
(25) SES appealable rights
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4. The conferees considered the following issues:
a. Issue 18 (flexi-time)
Inasmuch as the Senate passed the flexitime
bill identical with the House version--which was
included in Title VI of H.R. 11280--on Friday,
15 September, the conferees agreed to drop the flexi-time
provision from the agenda and from the House bill.
b. Issue 15 (Authority to exempt from Merit Pay)
House to recede from its version with amendments.
The amendments, on the issue of Presidential authority
to make further exemptions from Merit Pay, apparentLy
relate to such matters as providing an annual justifica-
tion for such exemptions. (The CIA is exempt from tee
Merit Pay provisions in the first instance by virtue of
our exemption from the Pay Classification Act.
c. Issue 17 (Research Programs)
The issue here was left open for consideration
at the next meeting; one issue is the amount of advan,:_e
notification which must be made prior to initiating a
research program. (This issue is not of significan-:
concern to the Agency.)
d. Issue 6 (Awarding of attorney and other fees)
There was no resolution of this matter, which
is not of direct concern to this Agency. It will be
debated at the next session,
e. Issue 8 (Judicial Review of Merit System Protec:ien
Board decisions)
The discussion of this issue, which also is no-t
of direct concern of this Agency, concerns whether
appeals should go to the U.S. District Courts or the
U.S. Courts of Appeal; the issue was left open.
f. Issue 10 (Ceiling on the number of Federal employees
Conferees from both Houses noted there would be
strong disagreements on this point; only the House
bill contains such a provision.
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Issue 9 (Executive Level Pay)
This issue was raised, but not debated.
STATINTL
Chief, Legislation S aff
Distribution:
Original - OLC/Leg.
1 - DDA (Jack Blake)
1 - DD/O
1 - OGC
1 - OLC Subject
1 - OLC Chrono
OLC:RLB:mao (18 Sept 78)
STATINTL
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