STATUS OF CIARDS AMENDMENTS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP79-00498A000500160018-0
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
10
Document Creation Date:
December 9, 2016
Document Release Date:
October 12, 2000
Sequence Number:
18
Case Number:
Publication Date:
May 6, 1976
Content Type:
MF
File:
Attachment | Size |
---|---|
CIA-RDP79-00498A000500160018-0.pdf | 367.1 KB |
Body:
'
DP7900498A000500 G 6
A
d F
R
l
2001/
pprove
or
e
ease
:OlT
r ilk,
OGC HAS REVIEWED.
OLC 76-1313 rD'A 6 May 1876 'ro -
1. On Friday, 7 May a clean bill with technical amendments
to conform to the requirements of the new Budget Act will be introduced.
2. The bill has been calendared for full Committee consideration
on Thursday, 13 May and if reported out on that date will meet the dead-
line of 15 May set for such legislation by the new Budget Act.
3. If the bill is taken up on 13 May, Congressman Stratton will
move an amendment along the lines of requiring a certification by the
Director upon retirement of an individual, that the individual's services
are no longer needed. In light of this known move by Mr. Stratton, the
Committee staff is drafting such an amendment and the Committee has
given us an opportunity to suggest language which we may prefer and
listing the reasons why any such amendment should be opposed.
OPTIONS
a. We can ask that the bill not be considered on the
13th. Although the bill has already been calendared by the
Committee, we have been assured that Chairman Hebert would
remove it from the calendar if this is our wish and that in such
a situation, Mr. Stratton would not thereafter move that the
Committee consider it.
b. We can fight the amendment in the Committee but even
if we win there is no guarantee that Mr. Stratton would not
move his amendment on the floor of the House with the attendant
higher profile accorded floor action.
Approved For Release 2001 J2~i : - DP79-00498A000500160018-0
Approved For Release 2001/08/2 r ,- VJ -00498A000500160018-0
c. Even if the amendment is approved by the Committee,
it is possible that we can convince the Senate Committee of its
deleterious affect and if the amendment is not approved in the
Senate version of the bill, the matter would be left for the
Conference Committee to resolve.
d. Brief the Director on the adverse impact of an
amendment along the lines which Mr. Stratton proposes so
that he could meet with Mr. Stratton before the critical date
of 13 May, in an attempt to satisfy his concerns.
ACTION
a. OLC and OGC -- Draft a fallback amendment.
b. Personnel -- Draft a paper listing the key arguments
against such an amendment.
c. Early next week, preferably Monday, arrange session
with Director and appropriate principals to arrive at a course
cc:
DCI
,D1A
DD/OP
Acting/GC
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
~ ~ 0 NILY
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
Impact of Congressman Stratton's
Proposed Amendment to CIARDS
Mr. Stratton's amendment would require the DCI to certify that an employee's
service is no longer needed or that his usefulness has ended before retirement
can be allowed under CIARDS.
This proposal - a drastic change to existing law - would have a serious impact
on the Agency, its management of personnel and operations, and on CIARDS
participants themselves.
1. Breaks faith with those employees who have earned - by special service
- preferential retirement benefits over Civil Service Retirement, and
have planned accordingly.
- Many employees have earned CIARDS by serving in hazardous
assignments, or suffered hardships at overseas posts, or committed
their careers to specialized service, e.g., non-official cover.
- Many of these employees willingly performed or even
volunteered for such service because they knew they would
earn special retirement benefits.
- It would be an injustice to taint these employees with
the label proposed. Even though their usefulness has not
ended, these employees have earned the right to preferential
benefits and should be allowed to retire voluntarily.
2. The amendment comes at a time when the Agency has suffered through the
investigations and would demoralize the very group of employees for
whom CIARDS was sought and enacted.
3. One basis for CIARDS was to recognize hardship or uniqueness of overseas
service. These have increased even more because of disclosure of names
of our overseas employees and the increasing threat of international
terrorism.
4. We are finding it increasingly difficult to man certain overseas posts
with essential skills, e.g, communicators. CIARDS has been used effectively
as an incentive for overseas service. The situation would worsen without
the CIARDS incentive.
Approved or Release 2001/08/27 : - - 8AO00500160018-0 .
Approved For Release 2001/08/27: CIA-1~bp1i'=00498A000500160018-0
5. Original legislation was also sought as a management tool. By providing
for early retirement, the Agency can maintain a young, dynamic and
responsive work force in certain occupational categories in recognition
of the demands placed on this group of employees.
- The proposed amendment would reverse the current trend -
reduction in the age of certain groups of employees - and will
result in an aging of the group.
- Longer tenure will create a "hump" and will frustrate
management efforts to bring in younger employees at the entry
level - an objective which is vital to the future effectiveness
of the Agency.
- It may be necessary to institute reductions-in-force,
forcing the Agency to retire involuntarily groups of employees
who are eligible to retire voluntarily without the onus and
disgrace of being fired.
6. If Mr. Stratton's amendment is passed by the House, it obviously will
become public knowledge. The action will send shock waves through the
group of employees now eligible for voluntary retirement under existing
law. Rather than run the risk that the Senate will not adopt the
amendment, many eligible employees might decide to retire now. Many
of them represent hard-to-get types or are serving in specs la ties
requiring years of experience and training. Massive retirements
within the group of current eligibles would cripple ongoing operations
since replacements are not readily available, e.g., communicators,
security types, case officers, NOC's, etc.
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
Impact of Congressman Stratton's
Proposed Amendment to CIARDS
Mr. Stratton's amendment would require the DCI to certify that an employee's
service is no longer needed or that his usefulness has ended before retirement
can be allowed under CIARDS.
This proposal - a drastic change to existing law - would have a serious impact
on the Agency, its management of personneland operations, and on CIARDS
participants themselves.
1. Breaks faith with those employees who have earned - by special service
?- preferential retirement benefits over Civil Service Retirement, and
have planned accordingly.
- Many employees have earned CIARDS by serving in hazardous
assignments, or suffered hardships at overseas posts, or committed
their careers to specialized service, e.g., non-official cover.
- Many of these employees willingly performed or even
volunteered for such service because they knew they would
earn special retirement benefits.
- It would be an injustice to taint these employees with
the label proposed. Even though their usefulness has not
ended, these emnloyees have earned the right to preferential
benefits and should be allowed to retire voluntarily.
2. The amendment comes at a time when the Agency has suffered through the
investigations and would demoralize the very group of employees for
whom CIARDS was sought and enacted.
3. One basis for CIARDS was to recognize hardship or uniqueness of overseas
service. These have increased even more because of disclosure of names
of our overseas employees and the increasing threat of international
terrorism.
4. We are finding it increasingly difficult to man certain overseas posts
with essential skills, e.g, communicators. CIARDS has been used effectively
as an incentive for overseas service. The situation would worsen without
the CIARDS incentive.
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
< C/ 7' S1
Approved For Release 2Q01108/27":`CTA=RDP7900498A000500160018-0
5. Original legislation was also sought as a management tool. By providing
for early retirement, the Agency can maintain a young, dynamic and
responsive work force in certain occupational categories in recognition
of the demands placed on this group of employees.
- The proposed amendment would reverse the current trend -
reduction in the age of certain groups of employees - and will.
result in an aging of the group.
- Longer tenure will create a "hump" and will frustrate
management efforts to bring in younger employees at the entry
level - an objective which is vital to the future effectiveness
of the Agency.
- It may be necessary to institute reductions-in-force,
forcing the Agency to retire involuntarily groups of employees
who are eligible to retire voluntarily without the onus and
disgrace of being fired.
6. If Mr. Stratton's amendment is passed by the House, it obviously will
become public knowledge. The action will send shock waves through the
group of employees now eligible for voluntary retirement under existing
law. Rather than run the risk that the Senate will not adopt the
amendment, many- eligible employees might decide to retire now. Many
of them represent hard-to-get types or are serving in special ies
requiring years of experience and training. Massive retirements
.within the group of current eligibles would cripple ongoing operations
since replacements are not readily available, e.g., communicators,
security types, case officers, NOC's, etc.
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
Sec. 233. Any participant in the system who is at least fifty years
of age and has rendered twenty years of service may on his own
application and with the consent of the Director be retired from the
Agency and receive benefits in accordance with the provisions of section
221 provided he has not less than ten years of service with the Agency of
which at least five shall have been qualifying service; and provided further
that consent shall not be granted if there is a need for the participant's
continued service in a field which requires performance of qualifying
service.
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM,
Ap rovadIFxssilelmse t -
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
Deputy Director for
2
ministration
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
Per our telecon this afternoon,
Ben drafted the attached comments on
the Stratton amendment. The original
of the attached is with OLC.
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE
Director of 4114
ID
Y 1976
FORM No. 237 Use previous editions (40)
1-67 L
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
STATINTL
DD/Pers :bkf
(7 May "~=E
Impact of Mr. Stratton's Amendment to CIARDS:
1. Breaks faith with employees who have earned, by
special service, preferential retirement benefits over
Civil Service Retirement.
2. Comes at a time when Agency has suffered through
investigations and would demoralize the very group of
employees the law was specifically intended to cover.
3. We are finding it increasingly difficult to man
overseas posts with certain essential skills. Prospect
of CIARDS has eased this difficulty. Would become serious
management problem if ground rules are changed.
4. One basis for original legislation was to recognize
hardships at overseas posts. Those have increased even more
with the disclosure of names of overseas employees and an
increase in international terrorism.
5. Original legislation was also sought as a management
tool so that by providing early retirement, the service
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
Approved For Release 2001/08/27 : CIA-RDP79-00498A000500160018-0
could be maintained at a young, dynamic and responsive
age level in view of demands placed on these personnel.
6. It would be unfair to taint these employees with
requirement that the DCI find their services are no longer
needed or that the Agency has no further need for them.
Approved For Release 2001/08/27 : 9, IA-RDP79-00498A000500160018-0