CIA EXEMPTION FROM PERFORMANCE RATING ACT.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000500090022-6
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 1
• Document Creation Date: December 9, 2016
• Document Release Date: August 21, 2000
• Sequence Number: 22
• Publication Date: February 21, 1952
• Content Type: MEMO

STANDA1 D FORM NO. 64 C 4 ' I U t f? I I A L
Office M%?PMMENT
TO : General Counsel
FROM : Assistant Dire ctor/Per so nnel
SUBJECT: CIA Exemption from Performance Rating Act.
DATE: 21 February 10/512
1. Careful consideration has been given to the implications of the
Agency's inclusion under the Performance Rating Act of 1950 (P.L. 873, 81st
Congress). This review has reinforced our earlier opinion that the law
contains provisions which are not consistent with CIA's security require-
ments. Parts of the Act which are objectionable in this respect provide
that
a. No employee...shall be given a performance rating regardless
of the name given to such rating, and no rating shall be used as a
basis for any action except under a performance rating plan approved
by the Civil Service Commission (Section Li,).
This legislative mandate to the Civil Service Commission repre-
sents for the Central Intelligence Agency a continuing security problem
as long as this Agency is covered by the Act. The exercise by the
Commission of its approval function might involve the disclosure of
Agency programs and procedures which make use of rating or evaluation
systems. For exaiple, certain groups of Agency personnel are rated
at the conclusion of their training in preparation for assignment to
various highly secret duties. Personnel actions affecting these in-
dividuals depend largely upon the results of these ratings. The re-
quirement that such rating plns have the Commission's approval could
result in the release of information regarding Agency missions and
activities which are not even divulged to large numbers of Agency
employees.
b. The Board of Review which handles appeals by employees will
be headed by a Chairman designated by the Civil Service Commission
(Section 7 (b)).
c. Each appellant may designate his representative to appear
before the Board (Section 7 (d)).
d. The Civil Service Commission is required to inspect the ad;.i.n-
istration of the rating system or systems in use in an Agency; if it
does not approve of the plan or of its administration by an Agency,
the Commission may revoke the plan and require use of a plan prescribed
by the Commission (Section 6).
2. In view of this situation it is strongly felt that every effort
should be made to obtain for CIA legislative q mption from coverage under
the Performance Rating Act.
OGC HAS REVIEWED
CONFI TIAL'