The Deputy Director
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2 2 FEB 1980
Honorable Alan K. Campbell
Director
Office of Personnel Management
Washington, D.C. 20415
Dear Scotty:
At various times in the past the Agency has sought authorization
for its current and former employees to be eligible for non-competitive
appointment into the competitive service. We have pursued such action
to gain an equal footing with other government agencies who have been
granted such authority and to eliminate a serious obstacle to our
employees establishing their eligibility for employment elsewhere in
the Federal Government.
The last effort to secure this appointment entitlement was made
by the Agency in 1971-72 and was aimed at obtaining an executive order
similar to the one which gave the Foreign Service competitive appoint-
ment rights in 1965. Eventually, following a series of discussions
between the Agency and the Civil Service Commission, the latter agreed
to prepare and forward an executive order to the Office of Management
and Budget for action. Unfortunately, that order was never issued.
We have recently concluded a comprehensive review of all aspects
of our personnel system, which included a study by consultants of the
National Academy of Public Administration. During the course of our
review, it was concluded that we should again seek authority for
Agency employees to be eligible for non-competitive appointment into
the competitive service. I plan to ask the Agency's Director of
Personnel Policy, Planning, and Management, Mr. Harry E. Fitzwater,
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to contact OPM to explore the best means to achieve this objective.
His contact will be facilitated if you can designate the appropriate
official to be called within your office.
In renewing this important effort, I would appreciate receiving
your advice and support.
Sincerely,
/s/ Frank C. Carlueoi
Frank C. Carlucci
Harry E. Fitzwater
Distribution: Originator:
Orig - Addressee Director of Personnel Policy,
1 - DCI Planning, and Management
1 - DDCI 2 i FEU 1980
1 -- ER
1 - DD/PPPM/P$C
1 - c/sIS/ss
1 - C/Policy Staff/OPPPMM1
1 - NAPA Project Group File
1 - OPPPM Chrono
1 - DD PPP'1 Chrono
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CENTRAL INTELLIGENCE AGENCY ;^.
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OFFICE OF THE DEPUTY DIRECTOR
21 January 1980
NOTE FOR: Director of Personnel Policy,
Planning, and Management
FROM : Vince Puri.tano
SA/DDCI
Harry,
The DDCI. 'has reviewed your memorandum on
CIA employee non-competitive transfers and,
rather than the DDCI discussing the matter
with the Director of OMB, he suggests the
following.
Prepare a memorandum from him to
Scotty Campbell, Director of OPM, posing
our case and the issues and justifying our
position. Mention that the Director of
Personnel of CIA will be meeting with the
-appropriate people in his agency. You should
then pursue it. When you are blocked or
hung up at the working level in OPM, then
Frank will take it up with Scotty.
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8`p -' C7X
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15 !A': 1980
MEMORANDUM FOR: Deputy Director of Central Intelligence
FROM: Harry E. Fitzwater
Director of Personnel
Policy, Planning, and Management
SUBJECT: CIA Employees Non-Competitive Transfers to
Other Federal Agencies
1. At the Executive Committee Meeting on 18 December 1979 you
tasked me to determine whether Agency personnel have the same civil
service rights for non-competitive transfers as members of the Foreign
Service. If it were found that they do not, you agreed to discuss the
matter with the Director of the Office of Management and Budget.
2. The answer to the question as to Foreign Service officers'
rights is set forth in Executive Order 11219 of 6 May 1965, attached.
The State Department's Office of Personnel verifies that Foreign
Service officers and employees do indeed have the rights and exercise
them in accordance with the Executive Order. No such rights exist
for Agency employees.
3. It is requested that you discuss this matter with the Director
of the Office of Management and Budget.
ry i a er
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E. V, 11219 Title 3--Chapter II 0. 11219
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cReye il~c4~icgir use In this ()rt er, executive del)c-?s of the
Council are to he considered by the ('antucii, the elmirnrun of the
Council shall invite such heads to participate in the deliberations of
the Council."
THE'VnITE IIOUSE,
A pr?il v., 1 rJli ;.
LYNDON 13, JOlrlsol,
f Executive Order 11219
PROVIDING FOR THE APPOINTMENT IN THE COMPETITIVE SERVICE dF
CERTAIN PRESENT AND FORMER OFFICERS AND EMPLOYEES OF THE
'FOREIGN SERVICE
By virtue of the authority vested in Tile by section 1753 of the I evised
Statutes and the Civil Service Act. (22 Slat. 408), and as President of
the United States, it is hereby ordered as-follows:
SECTION 1. Under regulations and conditions prescribed by the Civil
Service Commission, a present or former officer or employee of the
Foreign. Service may be appointed in the competitive service if he
(a) Ts qualified for the position in the competitive service;
(b) 'Was appointed in the Foreign Service tinder authority of the
;Foreign Service Act of 194{l, as amended, or legislation that supple-
ments or replaces that Act ; -
(c) Served in the Foreign Service under an unlimited, career-type
ap
ointment aui
l
i
di
l
b
p
, .
t
mme
ate
y
efore his separation from that ap-
polntmerat, lie completed at least one year of continuous service under
one or more nontenlporary al)1)nintments in the Foreign Service which
may include the service that. made him eligible for his career-type
appointment; and
(d) 'Is appointed within .3 yearsiiffer IT is separation ffoiiitiieFor-
sign Service, or he completed at least :3 years of substantially crTn-
tinuous service under one or more nontemporary apI)oiat.rnentsin the
Foreign Service iillmediatel3- before leis separation from the unlimited,
career-ty )e appointment in that Service which may include the service
that ma c 111111 eligible for such aJ)poilitlnen,., or he is entitled to
preference under section 2 of the Veterans' Preference Act; of 1944,
us amended.
Sxc. 2. (a) Except as provided in paragraph (h) of this section, a
person appointed under Section 1 of this Order becomes a career
conditional employee.
(b) A person appointed under Section 1 of this Order becomes a
career employee when lie:
(1) Has completed at least.: years of substantially continuous serv-
i
nd
ce u
er one or more nonteml)ol~arv appointments in the Foreign
Service. immediately hefc)r-e his separalt.ion from the unlimited, career-
type appointment in that Service which may include the service that
made him eligible for such appointrnlent;
(2) Is appointed to :,
-?J =w.. v1 -1:JAUUUL1~ a 01'uer to ne niic(t on a permanent or career basis;
or
(3) Has completed the service requirement for career tenure in the
competitive service.
For the purpose of subparagraph (3) of this paragraph, service in the
Foreign Service is creditable in meeting the. Service requirement only
if the person concerned is appointed to a nonteniporary position in the
competitive service under Section 1 of this Order within 30 days after
his separation front the Foreign Service.
SFC. 3. A person appointed to at nonternporary position in the corn-
petitive service under Section 1 of this Order acquires a competitive
status automatically on appointment.
SFc. 4. Any law, Executive order, or regulation that would dis-
qualify an a[)plicarrt for appointment. in the Competitive service shall
also disqualify a person for appointment. under Section 1 of this Order.
St.,(,. 5. For the P1111,ose of this Order, a person is deemed to be an
officer or employee in the "Foreign Service" if he was appointed in any
agency under authority of the Foreign Service Act of 1946, as amended,
or legislation that supplements or replaces that Act.
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- - ??-~??~?~? . vncJ~ iv rat WMAILI-ib1: NATIONAL
FOREST
'4YIIFJItEAS :i tart. of the Okanogan National Forest in Was]ring-
ton is so situated t11at. its transfer to the Wenatchee National Forest in
Washington would facilitate protect ion and adatinistration of national
forest land and would be in the public interest:
NOW, TIIFJIt:~',FOI:FJ, by virtue of the authority vested in me by
the Act of June 4, 1897 (30 St:at. 34,Y36; 16 L.S.C. 473), and Section
11 of the Act of March r 1, 1911 (36 Stat. 96 3: 1(; IT.S.C. 521), and as
President of the 17 nited States, and upon the recommendation of the
Secretary of Agrirulttire, it is ordered as follows:
All that part of the Okanogan National Forest, formerly known as
the Chelan National Forest, established by Executive Order No. 823
of June 18 1900, as amended and strl,lpii:rnenteal, which is situated
in Chelan ~'oturty, li':tslrington, comprisina gross area of approxi-
mately 531,11.', acres, of which about, r)21,')1'4'1 acres consist of certain
lands withdrawn front tho public donut in and others :te 1uired by ex-
change (16 U.S.(:. 485, 486) and donation (16 V.S.C. 569), is hereby
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