H.R. 917 -- BILL TO AMEND TITLE 5, U.S. CODE, TO EXTEND TO CERTAIN EMPLOYEES IN THE EXCEPTED SERVICE THE SAME PROCEDURAL AND APPEAL RIGHTS AS GRANTED TO EMPLOYEES IN THE COMPETITIVE SERVICE WITH RESPECT TO CERTAIN ADVERSE PERSONNEL ACTIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000400540010-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: March 31, 2011
• Sequence Number: 10
• Publication Date: August 15, 1985
• Content Type: MEMO

Sanitized Copy Approved for Release 2011/03/31 :CIA-RDP87B00858R000400540010-2
15 AUG
Legislation Division
Office of Legislative Liaison
FROM: Robert W. Magee
Director of Personnel
SUBJF7CT: H.R. 917 -- Bill to Amend Title 5, U.S. Code, to Extend to
Certain Dnployees in the Excepted Service the Same Procedural
and Appeal Rights as Granted to F3~nployees in the Competitive
Service with Respect to Certain Adverse Personnel Actions
REFEREI~E: Your Memorandum for DC/ALD/OGC, D/OP, and DL1A Liaisor~/LL~/C[,L,
same subject, OLL 85-2220, dated 2 August 1985
1. This responds to your request in Reference for our views as to
whether the Agency requires an exception from the provisions of H.R. 917.
2. Our position is that we should take whatever steps (if any) are
necessary to ensure the continuation, even if H.R. 917 is enacted, of the
Agency's current exemption from the Title 5 scheme of procedural requirements
and appeal rights incident to removals, extended suspensions, downgrading, pay
reductions, and so on. Preservation of independent Agency authority and
procedures in disciplinary and other adverse personnel action matters, not
subject to OPM and MSPB control and regulation, is essential to maintaining a
sound, secure, and dynamic Agency workforce. If an express exemption from
H.R. 917 would be needed to achieve that aim, then such an exenption should be
obtained. Whether a specific exclusion is necessary is a legal question, on
which we must defer to OGC.
Robert W. ee
STAT
STAT
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 i
Sanitized Copy Approved for Release 2011/03/31 :CIA-RDP87B00858R000400540010-2
OLL 85-2220
2 August 1985
MEMORANDUr; FOR ; DC/ALD/OGC
,Ef/0 P
DDA Liaison/LIA/OLL
Office of Legislative Liaison
egis an on Division
1. On 28 July 1965, I spoke with Terri Ann Lowenthal,
staff member of the Postal Personnel and Modernization
Subcommittee of the House Post Office and Civil Service
Committee. That Subcommittee is currently considering H.R.
917, a bill which would give certain procedural rights to
probationary employees. You will recall that this legislation
has been the subject of previous memoranda from this office and
that the Agency had provided some information to Ms. Lowenthal
in connection with it.
2. Ms. Lowenthal indicated that the bill will?be worked on
over the August recess and may see some action in the fall.
3. Ms. Lowenthal indicated that the Subcommittee would be
most willing to accord the Agency an exception in the Bill. I
thanked her and indicated we would consider the matter. I
would appreciate your views as to whether or not such an
exception is required.
STAT
STAT
Sanitized Copy Approved for Release 2011/03/31 :CIA-RDP87B00858R000400540010-2
 Sanitized Copy Approved for Release 2011/03/31 :CIA-RDP87B00858R000400540010-2
15 AUU
Legislation Division
Office of Legislative Liaison
FRDM: Robert W. Magee
~`_:it:_':: H.F. 91 ~ -- "t3i11 tG t]Iih=ilU i'it.le ~~ LJ.S. ~A~7=, t~~ r.~.tE;i:% tv
Certain F3nployees in the Excepted Service the Sam Procedural
and Appeal Rights as Granted to E~rQloyees in the Competitive
Service with Respect to Certain Abverse Personnel Action
REFERENCE: Your Memorandum for DC/ALD/OGC, D/OP, and DL1F: Liaison/LIA/OLL,
same subject, OLL 85-2220, dated 2 August 1985
1. This responds to your request in Reference for our views as to
whether the Agency requires an exception from the provisions of H.R. 917.
2. Our position is that we should take whatever steps (if any) are
necessary to ensure the continuation, even if H.R. 917 is enacted, of the
Agency's current exemption from the Title 5 scheme of procedural requirements
and appeal rights incident to removals, extended suspensions, downgrading, pay
reductions, and so on. Preservation of independent Agency authority and
procedures in disciplinary and other adverse personnel action matters, not
subject to OPM and MSPB control and regulation, is essential to maintaining a
so~.u~d, secure, and dynamic Agency workforce. If an express exemption frog,
H.R. 917 would be needed to ac.'~ieve that aur,, then such an exemption should be
obtained. h~ether a specific exclusion is necessary is a legal question, on
which we must defer to OCC.
Robert ti. Magee
Orig & 1 - Adse
1 - D/OP
1 - DD/PA&E
1 - Chrono
1 - Subject
STAT
STAT
STAT
STAT
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