LETTER TO HONORABLE RICHARD HELMS FROM WILFRED H. ROMMEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000800030026-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 12, 2016
• Document Release Date: December 7, 2001
• Sequence Number: 26
• Publication Date: April 29, 1971
• Content Type: LETTER

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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503 ()LC - 6)Q 9P6
APR 2 9 197)
Honorable Richard Helms
Director, Central Intelligence Agency
Washington, D.C. 2050
ATTENTION: Mr. John Maury
Legislative Counsel
Dear Mr. Helms:
This will refer to your recent letter expressing the agency's
views on a Civil Service Commission draft bill, "Relating to
age requirements for appointment to positions in executive
agencies and in the competitive service."
I am enclosing for your information a copy of the revised
Civil Service Commission bill as cleared by this Office.
To insure a uniform and consistent executive branch policy on
age limits in Federal employment, the bill has been revised
to vest in the President, rather than in the Civil Service
Commission, as initially proposed, authority to establish
maximum entry age limits for positions in the competitive
and excepted service.
Sincerely,
't1444i
Wilfrea H. Rommel
Assistant Director for
Legislative Reference
Enclosure
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CKMRMAN
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UNITED STATES CIVIL SERVICE COMMISSION
WASHINGTON, D.C. 20415
Honorable Carl Albert
Speaker of the U. S. House
of Representatives
Washington, D. C. 20515
Dear Mr. Speaker:
The Commission is submitting for the consideration of the Congress
proposed legislation "Relating to age requirements for appointments
to positions in. Executive agencies and in the competitive service."
There are enclosed: (1) a draft bill, (2) sectional analysis, and
(3) a statement of purpose and justification.
The proposed legislation would reaffirm the Government's clear
policy against age discrimination in employment and would take the
desirable step of extending that policy to positions in the excepted
service. It would, however, recognize the need for providing some
flexibility in this area in place of the present outright ban on
maximum age limits for entry into the competitive service. Accord-
ingly, the proposed legislation would authorize the President, or
such agent as he may designate, to establish maximum age limits
for entry into civil service positions in Executive agencies and in
the competitive service when age is found to be a bona fide occupa-
tional qualification reasonably necessary to the performance of
duties. The authority proposed for the President would be similar
to that now held by the Secretary of Labor for private industry
under the Age Discrimination in Employment Act of 1967 (81 Stat.
602).
The conditions that argue for the setting, administratively, of
appropriate age limits in private industry apply with equal force
in the Federal service. A number of Federal agencies have indicated
that they will seek authority from the Congress to establish maximum
age limits for entry into several types of positions. In the
Commission's view it is far more desirable for such limits to be
set administratively than it is for these limits to be set by
statute on an occupation-by-occupation and agency-by-agency basis.
In the interest of uniformity and appropriate control, this authority
should be vested in the President as part of his general authority
over civil service employment in Executive agencies and the competi-
tive service.
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The Office of Management and Budget advises that there would be no ?
objection from the standpoint of the Administration's program to the
submission of the proposal.
A similar letter is being sent to the President of the Senate.
By direction of the Commission:
Sincerely yours,
Chairman
Enclosures
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A BILL
Relating to age requirements for appointments to positions
in Executive Agencies and in the competitive service
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) subchapter II of
chapter 71 of title 5, United States Code, is amended by adding at the
end thereof the following:
"0 7155. Maximum-age entrance requirement
"It is the policy of the United States to promote employment of persons
based on their ability rather than age and to prohibit arbitrary age
discrimination in employment in the Federal service. A maximum-age
requirement may be applied in making an appointment to a position in an
Executive agency or in the competitive service only when the President,
or such agent as he may designate, has established this requirement
on the basis of a determination that age is a bona fide occupational
qualification reasonably necessary to the performance of the duties of
the position.".
(b) The analysis of subchapter II of chapter 71 of title 5, United
States Code is amended by inserting the following new item after
item 7154:
"7155. Maximum-age entrance requirement".
SEC. 2. Section 3307 of title 5, United States Code, is repealed.
SEC. 3. Public Law 91-73 approved September 26, 1969 (83 Stat. 116)
is repealed.
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Section Analysis
Subsection (a) of the first section of the draft bill amends subchapter II
of chapter 71, title 5 of the United States Code, (Antidiscrimination in
Employment), by adding a new section. The new section 7155 contains a
policy statement and provides that a maximum-age limit for appointment
to a position in an Executive agency or the competitive service can be
established only when the President, or such agent as he may designate,
finds that age is a bona fide occupatioral qualification reasonably
necessary to the performance of the duties of a position.
Subsection (b) of the first section is a technical amendment.
Section 2 repeals the current provision of law that provides that no
appropriated funds may be used to pay an employee who establishes a
maximum-age requirement for entrance into the competitive service.
Section 3 repeals the authority of the Secretary of the Interior to
determine and fix the minimum and maximum limits of age within which
original appointments to the United States Park Police may be made.
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Statement of Purpose and Justification
Purpose
The bill would substitute for the present outright ban on establishment
of maximum age limits for entty into the competitive service a provision
authorizing the President, or such agent as he may designate, to estab-
lish maximum age limits for entry into civil service positions in Execu-
tive agencies and the competitive service when age is found to be a
bona fide occupational requirement reasonably necessary to the perform-
ance of duties. The proposed provision would also extend the Govern-
ment's clear policy against age discrimination to positions in the
excepted service. Aside from the change in coverage, the primary
effect of the proposal would be to give the President an administrative
authority over Federal positions generally parallel to the authority
already granted to the Secretary of Labor for positions in private in-
dustry under the Age Discrimination in Employment Act of 1967 (81 Stat.
602).
Justification
Age, by itself, should never be a bar to employment, either in private
industry or in the Federal Government. At the present time, a statutory
provision prevents the establishment of maximum entry ages for appoint-
ments in the Federal competitive service, but no similar provision governs
appointments in the excepted service in Federal agencies. In keeping with
the national policy against age discrimination, it is highly desirable to
extend the prohibition against establishing age limits to positions in the
excepted service. But it is equally desirable that a degree of flexibility,
similar to that already existing for positions in private industry, be pro-
vided for Federal positions to permit exceptions without the necessity for
Congressional action in each case when age is found to be a bona fide oc-
cupational qualification.
Congress established the present policy against age discrimination in
Federal employment in 1956 when it wrote into the Independent Offices
Appropriation Act (70 Stat. 355) a prohibition against the use of appro-
priated funds to pay the salary of any Federal employee who sets a maximum
age for entry into any position in the competitive service. Now codified
in section 3307, title 5 of the United States Code, the law makes no pro-
vision for administrative exceptions. A Federal agency that feels it
needs relief from the strict letter of the law must turn to Congress for
such relief. The Department of the Interior took its case to Congress
in 1969 for the United States Park Police and was successful. Congress
enacted Public Law 91-73 in September 1969, authorizing the Secretary
of the Interior to set minimum and maximum age limits in the appoint-
ment of Park Police.
In light of the willingness of Congress to authorize a maximum entry age
limit for one group, it has been indicated that other Federal agencies
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2
The Civil Service Commission believes there is justification for setting
maximum age limits for entry into certain positions in the Federal serv-
ice. But it believes it is far more desirable for such limits to be set
administratively than it is for these limits to be set by statute on an
occupation-by-occupation and agency-by-agency basis. In the interest of
uniformity and appropriate control, this authority should be vested in the
President as part of his general authority over civil service employment
in Executive agencies and the competitive service.
Granting the President this authority would be in keeping with the prin-
ciples expressed in the Age Discrimination in Employment Act of 1967.
Among other things, that Act makes it unlawful for any employer in the
private sector to refuse to hire an individual because of his age. At
the same time, however, the Act recognizes that age can be a factor in
employment, for its prohibitions do not apply "where age is a bona fide
occupational qualification reasonably necessary to the normal operation
of a business." The Secretary of Labor is granted the authority to
"establish, such reasonable exemptions to and from any and all provisions
of this Act...." The considerations that argue for the setting, admin-
istratively, of appropriate age limits in private industry apply with
equal force in the Federal Service.
In short, the fact that age is a factor in certain employment situations
has been recognized by Congress in its enactments. There is under cur-
rent law an orderly procedure for setting appropriate age limitations
in the private sector. Although no such procedure exists now for Federal
positions, the need for one is equally justified.
No additional appropriation would be needed to carry out the provisions
of this bill. Administrative costs would be minimal.
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0018 Faiu
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19 February 1971
Mrs. Naomi R. Sweeney
Office of Assistant Director
for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mn, Sw
Y:
This is in response to your request for our views on the Civil
Service Commission's draft bill "'Relating to age requirements for
appointments to positions in Executive agencies, and in the competitive
service.
The draft bill extends the current ban on maximum age limits
for entry into the competitive service to include all civil service
positions. It also authorizes the Civil Service Commission to except
specific positions from the ban.
It is understood that the chief aim of the draft bill is to eliminate
the necessity for legislation for each exception to the current outright
ban. Since Agency positione are not within the competitive service,
we have no substantive comments on the need for such relief.
The provision in the draft bill for Civil Service Commission
review of the qualifications and responsibilities of positions in order
to make a determination that age is a bona fide occupational qualifica-
tion reasonably necessary to the performance of duty does present a
problem, however. This external review would conflict with the
statutory security responsibilities placed upon the Director of Central
Intelligence for protecting intelligence sources and methods
Iron unauthorized disclosure;'' (50 U.S. C.401). The nature of Agency
positions and the duties performed by the incumbents, are inextricably
related to the security responsibilities of the Director of Central
Intelligence.
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In recognition of the general security considerations which
are here involved, the Central Intelligence Agency Act of 1949 provides,
"Notwithstanding any other provisions of law, sums made available to
the Agency by appropriation or otherwise may be expended for purposes
necessary to carry out its functions, including - (1) personal services,
Including personal services without regard to limitations on types of
persons to be employed.... (50 Ti. S. C. 403j). Subsequently, and as
a correlative of this authority and the Director's statutory respon-
sibility, CIA positions have been specifically exempted from statutes
governing civil service positions, e. g. the Classification Act of /949
and the Personnel Rating Act of 1950.
In view of the above considerations, it is requested that CIA
positions be specifically exempted from the provisions of the draft
bill. Such action is completely consistent with what has been proposed
and approved in the past in connection with similar legislation.
Suggested language is enclosed.
Sincerely,
John M. Maury
Legislative Counsel
Enclosure
Distribution:
Original & 1 - Adse
1 - Subject file
1 - OLC Chrono
OLC:LLM:rcr (19 February 1971)
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ATTACBMgNT
Proposed amendment:
'Sec* 4, This Act does not apply to posit
Intelligence Agency."
or under the Central
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11 UNCLASSIFIED
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USE ONLY LUildrIULIII I AL
SEC ET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
CSC Proposed Legislation inre Maximum Age Requirement
for Appointment
FROM'
Office of Legislative CounselN*
A
EXTENSION
NO.
DATE
4 May 1971

?
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
INITIALS
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
.
1. This is submitted for your
information. If you believe that
further action is required, please
let us know. .
2. Per attached, OMB has
cleared for transmittal to Congress
CSC's proposed legislation pro-
hibiting maximum age require-
ments for appointment to Execu-
tive agencies.
3. We did not get full exemp-
tion from the proposed legislation
as requested (see Agency views to
OMB attached), but the authority
for making exceptions to the rule
has been vested in the President
(or such agent as he may designate
rather than CSC. This approach
parallels 5 U.S.C. 7151, 7152,
7153 proscribing employment dis-
crimination because of race,
marital status, physical handicap,
etc. It is recognized that the
President might designate CSC as
his "Executive agent" but it would
seem to be impolitic, to say the
least, to raise the "external revieu
objection that we did when the
authority for exception was vested
in CSC.
OC L:,
?
DDS (Mr. Wattles)
?
Director/Personnel
.
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10.
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