HOW INTELLIGENCE AGENCY CIVILIAN PERSONNEL SYSTEMS DIFFER FROM THE COMPETITIVE SERVICE AND FROM EACH OTHER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000902150019-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 27, 2016
• Document Release Date: March 8, 2013
• Sequence Number: 19
• Content Type: MISC

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I. How the CIA personnel system differs from the competitive service and from each other civilian intelligence agency
personnel system (NSA, DIA, civilian intelligence personnel under Departments of Army, Navy, Air Force, Marines)
The following
and DIA personnel
Activity or
Subject
Excepted service
vs. competitive
service/status
Determination
of qualifications
standards,
recruitment,
testing, and
selection
chart shows some major differences
systems:
Competitive Service
Appointees are subject
to OPM rules for com-
petitive civil service,
and acquire competi-
tive status
OPM determines
qualifications
standards for given
positions; prescribes
the competitive exam-
inations or other
competitive selec-
tion procedures to be
used; and places
employees on registers
of eligibles in rank
order
between the competitive civil service system and the CIA, NSA,
CIA Personnel System
By statute, CIA is excepted
service; CIA appointment does
not confer competitive status
NSA
Same as
CIA
CIA performs these functions Same as
independently for itself, CIA
pursuant to its enabling
legislation; Agency has
unique occupations and condi-
tions of employment not present
in competitive service; Agency
identifies, recruits, and
tests or selects prospective
employees under its own
authority and procedures,
and is not subject to the
register system
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DIA
Same as
CIA
Same as
CIA
Activity or
Sub'ect
Veterans
Preference in
hiring
Power of
appointment
Top Secret
level security
screening for all
positions, including
polygraph exam
and background
investigation,
as prerequisite
to employment
and as condition
of continued
employment
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Competitive Service
Yes
By agency appointing
officer from register
of eligibles, following
the rule of three,
pursuant to rules from
OPM prescribing who
may be an appointing
officer
Overseas
employment
time limits
prescribed by
OPM
No
Yes
CIA Personnel System NSA
No
By Agency's Director of
Personnel under authority
of CIA organic law
Yes
No
No
By Director
of NSA or
designee,
pursuant to
authority
under NSA's
organic statute
Yes
No
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DIA
Yes
By Secretary
of Defense
or designee
(see two
items above)
Yes, except for
polygraph re-
quirement
No
Activity or
Subject
Classification
of positions
under the
Classification
Act and pay
under the
General Schedule
Promotion
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Competitive Service
Subject to OPM
rules governing
position classification;
required by law
to follow General
Schedule
Based on "rank in
job" whereby
individual is
entitled to the
grade of the posi-
tion occupied
CIA Personnel System
Exempt by law from GS
rules, but follow
generally as a matter
of administrative
convenience
Based on "rank in person"
concept whereby individual
brings grade with self to
the position occupied
NSA
Same as
CIA
Follows "rank
in position"
approach
although not
subject to com-
petitive ser-
vice rules
prescribed by
OPM
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DIA
Same as
CIA and
NSA
Same as NSA,
with limited
"rank in person"
authority
Activity or
Subject
Reduction in
force
procedures
Adverse actions
(suspensions,
downgrading,
reduction in
pay, furlough,
removal)
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Competitive Service
Employees at same
"competitive level"
in same geographic
or organizational
"competitive area"
"compete" with one
another for reten-
tion based on
tenure, veterans
preference, length
of service, and
performance.
Employees are
ranked on retention
registers, and given
certain substantive
and procedural (e.g.,
appeal) rights if
released from employee's
competitive level.
OPM prescribes
procedures; Agency
decisions are
appealable to
Merit Systems
Protection Board
(except suspension
of 14 days or less)
CIA Personnel System
DCI has discretionary
authority to terminate
employees determined to be
excess to needs of the
service; Agency is not
subject to competitive
service RIF procedures
Independent procedures;
Agency decisions not
appealable outside Agency
NSA
Follow OPM
regulations,
to the ex-
tent con-
sistent with
NSA statutory
authority
Follows OPM
procedures as
a matter of
administrative
adoption;
employees may
not appeal
terminations
outside the
Department of
Defense where
such appeal
would be incon-
sistent with
national
security
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DIA
Follow
competitive
service
rules
Follows OPM
procedures as
a matter of
law, except
that during
Fiscal Years
1986 and 1987,
employees may
not appeal term-
inations outside
the Department
of Defense where
such appeal
would be incon-
sistent with
national
security
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II. The specific features of each personnel system to ensure compliance with
the merit system principles set forth in Section 2301 of Title 5, United
States Code.
There are nine basic merit principles in Section 2301 of Title 5, U.S.
Code. In general, Agency implementation of these principles consistent with 5
USC 2305 is monitored and reinforced by the Agency grievance and Inspector
General systems. Agency regulations provide mechanisms for submitting
"whistleblowing" information, allegations of fraud, waste, or abuse, and other
grievances on a confidential basis through directorate grievance channels,
directly to the Agency's Office of Inspector General (OIG), and/or directly to.
the Director of Central Intelligence (XI) or Deputy Director of Central
Intelligence (DOC). Directorate decisions on grievances may be appealed to
the DCl/DDCI through the Inspector General (IG). Grievances or appeals
submitted directly to the IG are decided by the DCI or DDCI. The Inspection
Staff of the OIG is directed by Agency regulations to conduct periodic
announced inspections of Agency components for conpliance with applicable
authority, regulations, and procedures, as well as for the effectiveness of
their programs in implementing policy objectives; conduct, unannounced
inspections of any component of CIA when necessary; investigate all reports
from employees or other sources of problem areas or subjects, possible
violations of law or procedures, charges of fraud, misuse of funds, conflicts
of interest, or other matters involving misfeasance, malfeasance, nonfeasance,
or violation of trust; and refer to the General Counsel all matters involving
legal questions.
Each of the nine merit system principles is now addressed in turn below.
(1) Recruitment should be from qualified individuals from appropriate
sources in an endeavor to achieve a work force from all segments of society,
and selection and advancement should be determined solely on the basis of
relative ability, knowledge, and skills, after fair and open competition which
assures that all receive equal opportunity.
One of the basic objectives of the Agency personnel program is to recruit
within the full meaning of equal employment opportunity policies qualified
individuals who have demonstrated ability or potential to serve present and
future requirements. Given the wide variety of skills and expertise the
Agency requires to carry out its missions and functions, the Agency workforce
necessarily includes individuals from virtually all sectors of society and
walks of life. Thus, the Agency seeks its employees from a broad range of
sources throughout the United States, including technical, business and
secretarial school graduates, graduates from colleges and universities,
individuals separating from the military, established professionals
considering career changes, etc. Recruiting advertisements are published in
leading newspapers and magazines, such as the Washington Post, the New York
Times, the Wall Street Journal, the Los Angeles Times, Newsweek, and the
American Bar Association Journal. An active co-operative education program is
conducted, as is vigorous minority recruiting.
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During FY-86 the Agency visited 29 Historically Black Colleges and
Universities (HBCUs), which are the traditional sources for minority
employees. As part of a program designed to increase recruitment activities
on non-HBOU campuses, the Agency also recruited at minority career fairs at
various major universities. In search of mainly Hispanic and
Asian-Pacific-American candidates, Agency personnel visited 20 non-HUS,
mostly in the West and Southwest. Recruitment also was conducted at various
conferences and conventions, including those held by the NAACP and National
Urban League.
Furthermore, the Agency conduct i three special programs--Minority Student
Symposium, Summer Fellowship, and Minority Undergraduate--in direct support of
the minority recruitment effort. The Minority Student Symposium brings
minority students from a variety of colleges/universities to the Agency for a
host of in-depth briefings concerning the Agency's mission and objectives
while providing the students an opportunity to be interviewed for future staff
employment. The Summer Fellowship Program places faculty and administrators
of HBCUs, regardless of their ethnic background, into regular Agency
assignments during the summer months, enabling the participants to gain
valuable experience in their fields and the Agency to improve its relations
with the schools. The Minority Undergraduate Program gives promising
undergraduates an early introduction to CIA through a summer work experience
linked to their formal academic studies. The program affords the Agency the
opportunity to evaluate potential future employees and advise them as to
course work that would prepare them for careers within the various components
of the Agency.
(2) All employees and applicants for employment should receive fair and
equitable treatment in all aspects of personnel management without regard to
political affiliation, race, color, religion, national origin, sex, marital
status, age or handicapping_ condition, and with proper regard for their
privacy and constitutional rights.
Agency regulations provide that it is Agency policy to provide equal
opportunity in employment for all persons; to prohibit unlawful discrimination
based on age, color, handicap, national origin, race, religion, or sex; and to
. promote full realization of equal employment opportunity through affirmative
action programs. In administering this policy, the Agency, consistent with
security requirements, complies with applicable provisions of law and
applicable regulations of the EEOC. Thus, the Agency conducts a
discrimination complaints and counseling program and files reports
semiannually with the EEOC, pursuant to EEO Management Directive 202 (20
September 1984).
All employees at the time of their entry-on-duty processing and at least
annually thereafter are apprised of the Agency's Equal Employment Opportunity
Program. The Agency regulation on Performance Appraisal requires that the
factors on which managers and supervisors are rated include their efforts and
achievements in the equal employment opportunity sphere and in the management
and development of their subordinates.
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The Agency Upward Mobility Program offers career enhancement opportunities
to clerical and technical personnel. Eligible employees are given training
and on-the-job experience that enable them to move into technical and
professional positions.
A comprehensive management training program has been developed that
requires all new managers to be familiar with EEO issues. The Agency also
sponsors seminars to help participants become aware of the broader issues
involved in black-white and male-female relationships and other minority
concerns. Additionally, the Professional Women's Course (sponsored by the
Agency's Federal Women's Program) and the Professional Men's Course provided
training and role-playing experiences to teach leaders of both sexes to
understand and accommodate gender differences in the workplace.
With reference to handicapped employees, the Agency has made every effort
to provide structural and architectual features and amenities at official
government buildings it owns or occupies to accomodate the needs and problems
of its handicapped personnel, as well as to recruit and retain such
individuals.
(3) Equal pay should be provided for work of equal value, with
appropriate consideration of both national and local rates paid by employers
in the private sector, and appropriate incentives and recognition should be
provided for excellence in performance.
Agency regulations indicate that, to the extent consistent with the needs
of the Agency, it is a basic objective of the personnel program to provide
employees with:
(a) Opportunities for making the best use of their training and experience.
(b) Employment and advancement on the basis of ability and performance.
(c) Equal pay for substantially equal work within prevailing pay systems.
(d) Job opportunities and job satisfaction commensurate with individual
skills, abilities, and contributions.
Periodic and ad hoc occupational and position surveys and audits by the
Position Management and Compensation Division (PMD) of the Agency's Office of
Personnel have ensured position grade structures that promote and maintain
internal job and pay equity within occupations and across Agency components.
Excellence in performance is rewarded through promotion; quality step
increases; suggestion, invention, special achievement, and exceptional
accomplishment awards; and honor, merit, and service awards. The Agency's
incentive awards program includes a Secretary of the Year Award, an Engineer
of the Year Award, and a Scientist of the Year Award. Authority to approve
incentive awards up to specified dollar amounts has been delegated as far down
as is feasible, to ensure more timely recognition of meritorious actions.
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(4) All employees should maintain high standards of integrity, conduct,
and concern for the public interest.
The Agency conducts an active ethics program. Agency regulations
Incorporate the rules pertaining to ethical conduct and conflicts of interest
contained in Executive Order 11222, Titles 5 and 18 of the U. S. Code, and in
Title 5 of the Code of Federal Regulations. A basic objective of the Agency's,
personnel system is to maintain standards of conduct which require employees
to work to their full ability, to maintain a spirit of cooperativeness in
their work, to be willing to serve the Agency's needs wherever and whenever
required, and to adhere not only to normal rules of good conduct but to be
governed both on and off the job by the highest personal standards of honesty,
integrity, and conduct.
All employees are required to reveiw the rules of conduct at the time of
entering on duty, and at least annually to reread them thereafter. All
employees processing for assignments to the field are required to read the
rules on employee conduct and discipline. The Office of General Counsel
renders written opinions and conducts briefings on ethics in government and
conflicts of interest for contracting officers and COTR's and for general
employee audiences, as well.
The Agency participates fully in the employee financial disclosure
reporting and review programs mandated by Executive Order 11222 for Gs-13s
through GS-15s (and other designated personnel), and by title II of the Ethics
in Government Act for Senior Intelligence Service (SIS) employees and
Presidential appointees.
Possible violations of the federal criminal conflict-of-interest statutes
(e.g., 18 U.S.C. Sections 201, 203, 205, 207, 208, 209 et al.) by Agency
employees are reported to the Department of Justice pursuant to 28 U.S.C.
Section 535 and Section 1-7 of Executive Order 12333.
(5) The Federal work force should be used efficiently and effectively.
The Agency personnel system is structured and operated to foster:
Effective and economical use of human resources through systematic
personnel planning, goal setting, and integration of personnel,
position, and financial management.
Maximum personnel usage and development consistent with Agency
requirements.
Among the specific activities, programs, and mechanisms to ensure
efficient and effective use of the Agency labor force are the following:
(a) The Agency's position management and classification and personnel
control program ensures that the right number of employees at the appropriate
grades with the necessary skills fill the appropriate occupational categories
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and are placed in the right components, where and as needed. Excessive
layering of supervisory positions, duplication of effort, improper use of
"Assistant To" positions, unclear lines of authority, unrealistic spans of
control, and imbalances in the ratios of supervisory-to-worker and
professional-to-clerical personnel and positions have been proscribed and are
corrected where identified.
(b) A program is conducted to select from qualified external applicants
and current Agency employees and train persons who Show exceptional potential
for long-term staff service with the Agency. These individuals are given
initial orientation training, special interim on-the-job training assignments,
specialized training for specific occupational or component tracks, and upon
successful completion of such training, appropriate permanent assignments.
(c) The Agency's assignment and reassignment policy and procedures are
intended to enhance Agency efficiency. The paramount consideration in
determining assignments of personnel is the needs of the Agency. Due
consideration is given to the career interests and personal circumstances of
the individual, but these are subordinated to Agency requirements. However,
an important factor is making assignments is the improvement of the
professional competence of the Agency; and on occasion, selections are made
primarily to afford employees developmental opportunities commensurate with
their potential and career goals.
(d) The Agency's Performance Appraisal Report (PAR) system ensures that
subordinates understand the nature and scope of their duties and are advised
continuously of the effectiveness of their performance. Performance
appraisals are required at least annually, and employees are shown all entries
on the PAR except when security or operational factors dictate otherwise.
(e) Nonstandard workweeks/work schedules for components or individuals may
be approved at senior levels under certain conditions, when necessary to
ensure the efficient conduct of assigned missions and functions.
(6) Employees should be retained on the basis of the adequacy of their
performance, inadequate performance should be corrected, and employees should
be separated who cannot or will not improve their performance to meet required
standards.
The Agency's evaluation and performance appraisal process is designed to
meet the goal of operating an Agency-wide evaluation program for identifying
employees with the highest and lowest degrees of potential and those employees
who fail to meet current work requirements or standards, and to provide a
basis for separating equitably those whose continued employment is not in the
interests of the United States. The aim of the process is to provide an
objective and informed assessment of each employee and to eliminate the
potential for arbitrary personnel decisions.
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(7) Employees should be provided effective education and training in
cases in which such education and training would result in better
organizational and individual performance.
It is Agency policy to:
(a) Promote the highest standards of performance by encouraging employee
self-improvement and by sponsoring Agency training activities.
(b) Participate in training programs in response to Intelligence Community
needs or specialized requirements of the Agency.
Employees may be approved for training conducted by the Agency's Office of
Training and Education or another Agency component, a contractor, an external
academic institution or other external organization (including senior officer
schools and Congressional fellowships), and so on. Employees may be sent to
executive seminars or mid-career courses. Language training is give to those
employees who require it to carry out their duties, and in certain
circumstances, to their spouses. Secretaries are afforded the training they
will need to advance to higher levels of the Intelligence Secretary (IS)
Schedule.
8. Employees should be--
(A) protected against arbitrary action, personal favoritism, or
coercion for partisan political purposes and
(B) prohibited from using their official authority or influence for
the purpose of interfering with or affecting the result of an election
or a nomination for election.
Agency regulations incorporate the prohibitions in Executive Order 11222,
the Hatch Act and related statutory provisions (e.g., 5 U.S.C. Sections
7321-7327; 18 U.S.C. Sections 601-603, 606, 607 et al.), and the anti-nepotism
statute (5 U.S.C. Section 3110) against arbitrariness or favoritism in
employment matters based on political or other such impermissible factors, and
against official interference, coercion, or influence-peddling in elections or
nominations.
The apolitical/non-policymaking mission and orientation of the Agency, and
the fact that there are but two political appointee positions in the Agency
(i.e., the DCI and DDCI), militate against any consideration of domestic
partisan politics in personnel management and career development matters.
9. Employees should be protected against reprisal for the lawful
disclosure of information which the employees reasonably believe evidences--
(A) a violation of any law, rule, or regulation, or
(8) mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety.
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Due to the sensitive and highly classified nature of CIA activities,
employees are required not to publicly disclose Agency information. However,
It is Agency policy that employees have the opportunity, within secure
channels, to submit job-related grievances and/or "blow the whistle"'with
freedom from reprisal, coercion, or restraint. Such allegations are required
by Agency policy to be considered and resolved promptly, competently, and
justly. It is the policy of the Agency's Office of Inspector General (OIG) to
keep the identities of its informants confidential. Additionally, the Agency
is required to abide by the applicable provisions of the EEO law which
proscribe retaliation against an employee for raising an EEO claim. Finally,
employees may take allegations of improper conduct by Agency officials to the
Intelligence Oversight Board established by Executive Order 12334 expressly to
review such allegations on behalf of the President.
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III. Any features of compensation (including bonuses and awards) unique to
each personnel system.
It is not possible to publish a complete unclassified listing or
description of compensation benefits for CIA personnel, because certain of
these items are highly classified. Accordingly, not all of the
Agency-specific pay or related benefits are included here.
A. Pay
1. Office of Communications (0C) Experimental Pay Banding
In January 1985, the Agency initiated a pay experiment in its Office of
Communications, based on the China Lake model. Certain occupational
categories within CC were placed under an experimental pay system containing
five broad pay bands covering entry level through senior management
responsibilities. Pay increments are awarded to employees based on individual
performance. Promotion to a higher/level is based on performance and
potential. The pay experiment in the Office of Communications delegates
responsibility to the manager to recognize and reward superior employee
performance.
2. Secretarial Pay System
A new secretarial pay schedule was approved in 1986. This new
Intelligence Secretary Schedule recognizes four levels of secretarial
responsibility and compensation, incorporates pay-for-performance features,
and establishes training and experience criteria for movement between levels
(promotion). An important aspect of the secretarial plan is "job enrichment"
of the secretarial occupation.
3. Senior Intelligence Service (SIS) Pay Steps
The Agency SIS pay scale provides for gradations of pay at the 1, 2, and 3
levels.
4. Sunday Premium Pay
Part-time Agency employees are eligible for Sunday premium pay when
their regular work schedules and Agency intelligence/operating needs
require the Sunday work.
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B. Leave
1. Use of Restored Annual Leave
The Agency allows use of restored annual leave up to the end of the
leave year ending four years after the date on which the forfeited annual
leave was restored or the exigency or illness which resulted in the
forfeiture ended.
2. Advance of Annual Leave in Sick Relative Cases
An Agency employee who has exhausted all annual leave, but who must
take more leave to care for the employee's sick child or seriously ill or
dying spouse, parent, or sibling, may be advanced more annual leave than
the employee will accrue by the end of the leave year (but not to exceed
360 hours) and will be allowed up to four years from the end of the leave
year in which the borrowing occurred to pay back the advance.
3. Advance of Sick Leave
Agency regulations permit the Director of Personnel to advance up to
60 days' sick leave.
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TV. Authority to take actions (including the number of actions) through
employment termination provisions that do not permit appeals outside the Agency
Section 102(c) of the National Security Act of 1947, as amended, 50
U.S.C.A. Section 403c, states that:
Notwithstanding the provisions of section 6 of the Act of August 24,
1912 (37 Stat. 555), or the provisions of any other law, the Director of
Central Intelligence may, in his discretion, terminate the employment of
any officer or employee of the Agency whenever he shall deem such
termination necessary or advisable in the interests of the United States,
but such termination shall not affect the right of such officer or
employee to seek or accept employment in any other department or agency of
the Government if declared eligible for such employment by the United
States Civil Service Commission.
In Fiscal Year 1986, there were 22 resignations in lieu of termination, 1
termination, and 3 retirements in lieu of termination.
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V. Any Recruitment or Retention Problems
In recent years, the Agency has needed an increasing number of analysts,
operations officers, engineers, and scientists to handle its expanding
interests and responsibilities. These include collection and analysis on such
issues as terrorist groups and their activities, narcotics trafficking, the
international financial situation, and weapons development and deployment of
various foreign countries. The Agency also has become involved in the
management of more complex scientific and technical programs.
Attracting, recruiting, and processing the highly trained individuals
required to conduct and manage such activities has been difficult for a number
of reasons. There is a shortage of trained personnel to recruit full-time.
Additionally, the Agency, given the stringent and time-consuming
pre-employment security, medical, and personnel screening it must conduct of
prospective employees, faces an inherent recruiting disadvantage vis-a-vis
most private sector employers and most other federal agencies. Those
individuals who are not deterred from applying in the first place by the
intensity of the pre-employment screening must be prepared to wait for quite
some time before the entire process is complete and hope that they will
eventually succeed in attaining Agency employment. While the nature of the
Agency's work is alluring enough to compensate for some of the built-in
recruiting disadvantage, recent cutbacks or attempted cutbacks in federal
employee benefits which already are less than those in the private sector, and
the continuing mischaracterizaticn of Government employees as lazy
bureaucrats, also hinder effective recruiting.
Specifically, the Agency experiences difficulty in hiring sufficient
numbers of qualified engineers; electronic technicians; computer scientists
and operators; operations officers; and security officers. The Agency faces
similar difficulty in retaining personnel in these groups, as well as
secretaries/clericals as such (many move to other positions elsewhere in the
Agency).
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