S. 2640, THE CIVIL SERVICE REFORM ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00142R000400010014-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: March 29, 2002
• Sequence Number: 14
• Publication Date: August 29, 1978
• Content Type: MF

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MEMORANDUM FOR: Legislative Counsel
FROM:
s an' egislative Counsel
SUBJECT: S. 2640, the Civil Service Reform Act
STATINTL
1. As noted in a memorandum prepared by the undersigned on 25 August 1578,
the Senate last week passed their version of the President's Civil Service
Reform Act. The following, for your information, is a very brief precis
of the most important sections of that bill and their anticipated affect,
if any, on this Agency.
2. In general the bill, as a total reorganization of the Civil Service:
--Provides for an independent Merit Systems Protection Board
and special counsel to adjudicate employee appeals and serve as
the "watchdog" of the merit system;
--Provides new protection for employees ("whistle-blowers")
who disclose illegal or improper Government conduct or activities;
Empowers a new Office of Personnel Management (OPM) to
supervise personnel management in most agencies comprising the
Executive Branch;
--Establish principles whereby decisions on promotions, pay
or employee discipline be based solely on performance;
--Creates new standards for employee dismissals as well as
streamlining the process fox dismissal.;
--Creates a new Senior Executive Service (employees above
the grade of GS-15) whereby tenure and rewards will be based
on accomplishment;
--Authorizes the OPM to conduct research in public management;
--Creates a new statutory base for improvement of labor-
management relations including the establishment of the Federal
Labor Relations Authority (FLRA).
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4. It is therefore the position of this office in coordination
with the Office of General Counsel that the Civil Service Reform Act as
embodied in the U.S. Senate version largely takes into consideration the
special mission of this Agency and is generally acceptable, though further
changes will have to be made in the special counsel provisions of Title II
to fully protect CIA equities.
STATINTI
Assistant Legislative Counsel
Distribution:
Orig a Addressee
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25 August 1978
DDIA Registry
File
SUBJECT: Passage of S. 2640, the "Civil Service Reform Act of 1978"
1. The undersigned, accompanied byl f the Office STATINTL
of General Counsel, attended on the evening of 24 August 1978 the Senate
floor debate on S. 2640, the "Civil Service Reform Act of 1978." The
bill passed the Senate by a lop-sided vote of 87-1.
2. All of CIA's exemptions, both those initially written in and those
added at the insistence of this office, appear to have been retained in
the bill as passed. This, however, cannotbe positively determined until
the passed bill is printed and reviewed in its entirety, which will be
done as soon as a printed copy is available.
3. The House version of the Civil Service Reform legislation, vastly
differing from that passed by the Senate, is expected to reach the House
floor at approximately 3:00 p.m. on 6 September, as it is the second
order of business upon the House's return from vacation. The House
version continues to harbor several problems for this Agency, all of
which we are presently concerning ourselves with. Although it is
hoped that the most significant of those problems can be rectified
by floor amendment (Representative Udall will introduce these with
HPSCI Chairman Boland's support), some minor changes will undoubtedly
have to be taken care of in conference.
4. Assuming that the House passes the bill, in one or another form,
during the week of 5 September, it is anticipated that Conference will
convene as soon as practicable thereafter.
5. An interesting sidelight which occurred. during the Senate debate,
and which is of benefit to us, concerns the Hatch Act reform provisions
currently present in the House version. Both the Senate Majority and
Minority floor managers agreed when pointedly asked that they, as
conferees, would not, under any circumstances, accept a conference report
which contained Hatch Act reform. This is of benefit to us as we are not
presently totally exempted from the House Hatch Act provisions. The Office
of Legislative Counsel will continue to keep interested parties apprised
of developments in this important legislation as well as continue to work
towards inclusion of our suggested amendments in the House bill.
STATINTL
Assistant LegIsLative Counsel
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