WHISTLEBLOWER PROTECTION ACT OF 1987, H.R. 25

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001400090003-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 27, 2016
• Document Release Date: April 24, 2013
• Sequence Number: 3
• Publication Date: January 22, 1988
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2013/04/24: CIA-RDP90M00005R001400090003-0
OCA FILE
22 January 1988
OCA88-0167
FROM:
-JIE 033--DUM-FO.R- THE~-RECORD
Legislation. Division
Office of Congressional Affairs
SUBJECT: ifi-istleblo_w_erli~-P`rotection Act of 1987,
1. On 21 January 1988, I met with Andy Feinstein of the
'KS-ufbcomm.a:tt_e--e Civ._il Service -of-th-e-=H-o_use _Committeewon Post
f=f.ic_e-a-n.d_C_ivl Service= We discussed the Whistleblower
Protection Act of 1987 and the proposed amendment to 5 U.S.C.
2302, which would allow the Merit Systems Protection Board
(MSPB) to review prohibited personnel practices based on the
denial or revocation of a security clearance.
2. I explained that we understood the amendment not to
require MSPB review of Agency determinations and wanted to
clarify this in the bill and the legislative history. I left
him copies of our proposed "fix" to the statute and proposed
report language (attached).
3. Feinstein explained that he has no problem with the
language we proposed. However, action on the bill is at a
standstill and none is currently expected. The bill may move
OCA/Leg
kslm (22 January 1988)
Distribution:
Original - c)CA/Lea/Subiect File: Miscellaneous Personnel
1 -' U7 OUA
1 -
1 -
1 -
-``IM Signer
1 - OCA Read
DDL/OCA
Declassified in Part - Sanitized Copy Approved for Release 2013/04/24: CIA-RDP90M00005R001400090003-0
 Declassified in Part - Sanitized Copy Approved for Release 2013/04/24: CIA-RDP90M00005R001400090003-0
WHISTLEBLOWER PROTECTION ACT OF 1987
H.R. 25
At the end of section 2302 of title 5, United States Code,
insert the following new subsection:
(e) A prohibited personnel practice relating to a personnel
action which is based on the denial or. revocation of a
security clearance, or of access to classified information
or to'a secured installation, is subject to challenge
before the Merit Systems Protection Board to the same
extent and in the same manner as any other prohibited
personnel practice[,] except that the Merit Systems
Protection Board shall not have the authority or
jurisdiction to review the decision, or the reasons for the
decision, to deny or revoke the security clearance, the
access to classified information or the access to a secured
facility, upon which the challenged personnel action is
based.
Declassified in Part - Sanitized Copy Approved for Release 2013/04/24: CIA-RDP90M00005R001400090003-0
 Declassified in Part - Sanitized Copy Approved for Release 2013/04/24: CIA-RDP90M00005R001400090003-0
I'
REPORT LANGUAGE
WHISTLEBLOWER PROTECTION ACT OF 1987
H.R. 25
Nothing in this chapter shall impair or affect the .
responsibility of the Director of Central Intelligence to
protect intelligence sources and methods from unauthorized
.disclosure. For this reason, the intelligence community was
exempted from the requirements of this chapter when the act
became law in 1978. Moreover, the Director of Central
Intelligence has the statutory authority to terminate officers
and employees when, in his discretion, termination is necessary
or advisable to the interests of the United States. It is not
the intent of this amendment to interfere with the exercise of
.this authority.
Declassified in Part - Sanitized Copy Approved for Release 2013/04/24: CIA-RDP90M00005R001400090003-0