PROPOSED REGULATION NO(Sanitized) EMPLOYMENT OF CONSULTANTS AND EXPERTS (JOB #373-TT)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A001300030017-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 14
• Document Creation Date: December 12, 2016
• Document Release Date: June 20, 2001
• Sequence Number: 17
• Publication Date: June 8, 1954
• Content Type: MF

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8 June 1954
MMMANJX1M ~
t:
Addressees Noted Below with Distribution
S :
Proposed Regulation Bo. _ aloyment of
Consultants and Experts
(Job #373-TT)
1. The subject .Regulation is submitted, for your concurrence and cent.
2. This Regulation incorporates current policies and practices relative
to the employment of overt and, semi-covert consultants and experts,
3. The Office of Personnel prepared this Regulation in response to
specific instructions from the Deputy Director of Central Intelligence. In
accordance with these instructions it is requested that your concurrence or
comments be submitted as expeditiously as possible. Consequently a, due date
of one week from date of circulation has been set.
4. The Office of Personnel has perforand working level collaboration
with interested Offices. u~sstions regarding this Regulati be
referred to + 'ie a of Persomel, extension
5, Please indicate your concurrence and comment on the attached Concurrence
Sheet and submit ' to this Staff by 15 June 1954.
cc: Deputy Director Adssinistration) - 2
Deputy Director Intelligence) - 10
Deputy Director Plane) - 14
Director of Laing - 3
Asoistent Director for Crate catione - 3
Assistant Director for Personnel (Info copies) - 5
General. Counsel - 1
C troller - 3
Inspector Oenercl - 1
Director of't a ty - 5
CM
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PROPOW I$SUAN : 2'mployaent of Consultants and. Expert E
MOT dated 8 Jww 1954
C( CMI
b
61
947g-n-a-tE-
wee
.(Job ##373-W)
Substance
Rescissions3 1 CIA Regulation
2) Applicable provisions of Confidential Funds Regulations
5-lc, 5.7a throe i f. and 14.6
(3) MA Notices
Classification
Distribution
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P S0KNM
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EMPLOY MT OF CONSULTANTS AND EXP 8
Rescissions: (1) CIA Regulation
(2) Applicable provisions of Confidential Funds Regulations
5.1c,, 5.7a through f., and 14.6. (Provisions of'these
Regulations which pertain to covert consultants shall
25X1A continue to be effective until superseded.)
(3) CIA Notice
NO CONTENTS page'!
General Prior Approvals and Contact Clearance
Definitions Terms of Employment
Policy Visits in Washington, D. C. by Consultant;
'Reeponsibilities Procedures
1. amaw-AL
This Regulation establishes polities and procedures for the employment of
consultants and experts in accordance with the authorities contained in
Section 15 of the Act of August 2, 1946, (Public law 600, 79th Congress)
and Section 10 of the Central Intelligence Agency Act of 1949 (Public Law
has no application to
110, 81st Congress). This Regulation.fcovert consultants who are
engaged on a special contract basis for security or operational reasons.
2. DE INITIONS
OONSULTANT
A consultant is an individual with unusual special skills, knowledge,or
experience who is employed to serve in an advisory capacity to operating
officials of the Agency. He may perform duties such as recommending
solutions to problems of a highly technical, nature
SECRET
serving as a
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PERESONNU
teckinical advisor on projects essential to operational activities,
a3sistir,g opeiratJu official..ss in devising new and highly specialized
methods or techniques of operations, or acting in a consultative
capacity as a specialist in a: highly technical field or as the poss-
sesaor of, broad administrative, or professional knowledge. He may not
perform duties of a supervisory or administrative nature within the
Agency or engage in any other type of operational activity except as
incidental. to the performance of his advissory_funct~on. In this
An expert is an individual with exceptional qualifications and att t
in a particular line of work who is employed to perform a regular
service of a highly technical, professional, or administrative nature
essential to the accomplishment of a certain function of the Agency.
He may .perform duties such as developing and putting :into effect solutions
to operating problems of a highly technical nature, supervising the
execution of a highly technical function, conducting responsible
activities which are integral parts of operating. procedures, and making
operational decisions as a specialist in a highly technical field of
knowledgb. An expert may have continuing operational, supervisory, or
adxn nisstrative responsibilities during each period of actual duty,
since. his primary function is to carry out operations for which his
? r
training and experience qualify him.
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POLICY
The Agency will obtain the services of consultant and expert personnel
when thew is a need for such exceptional or specialized services which
cannot be met from available personnel resources. An individual may be
employed as a consultant or an expert only when this type of employment is
beneficial to the Agency from an administrative and financial standpoint'and
his services are not generally obtainable under regular employment procedures.
4. RESPONSIBILITIES
a. The Director of Central Intelligence or his Deputy is responsible for
final approval of the employment of specific individuals as consultants
or experts.
b. The Deputy Directors (Plans), (Intelligence), and (Administration), the
Director of Training, the Assistant Director for Cotwunications and
the Assistant Director for Personnel (hereinafter referred to as the
Chiefs of Major Components) are responsible for ensuring that the
utilization of consultants and experts is consistent with the policy
set forth in paragraph 3 above. Chiefs of Major Components will ensure
within their jurisdictions that each request for employment of a consultant
or an expert is fully documented and forwarded to the Assistant Director
for Personnel for review and recommendation to the Director of Central
Intelligence, or his Deputy, for approval.
c. The Assistant Director for Personnel is-responsible for ensuring that
the procedural requirements set forth in this Regulation are observed;
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f br' reviewing individual requests for employment of consultants arA op'
experts and submitting hi; recommendations in sttch~ cases, including
ari opinion on the appropriate rate of comupeneatton, to the Director
of Central Intelligence; and for, conducting periodic. reviews of the
employment or extensions of the employment of connultan-`.e and experts.
5. PRIOR APPROVALS AND CONTACT CISM C
No approach will be made to any person respecting service as an Agency
consultant or expert without prior clearance with the. Chief of the
Major Component concerned and receipt of a favorable indices check
from the Security Office.,
b. No com itm t regarding employment of any kind will be made to a
prospective consultant or expert prior to approval of the, proposed
employment by the Director of Central Intelligence or his Deputy.
6. TERNS OF EMPI)! N t
a. P] tI V OF SERVICE
(1)
Consultants may be employed for a fixed or indefinite period not
Such a pioymnt will
to exceed the fiscal year in which appointed.
nonsslly be on an intermittent basis for a period of less than
one calendar month in duration at any one time. If an individual,
eq loyed initially as a consultant, serves continuously for one
calendar month or more, he becomes for certain purposes, a tem-
porary employee? as indicated in 6c and d below.
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Experts
Experts will normally be employed on an Intermittent basis. They
may not be employed continuously in any single capacity in one
unit for more than one year, regardless of the calendar period
over vrhich it is served. Neithor may one expert succeed another
expert in the same unit performing the same duties when t} aggregate
of the two periods of service will exceed one continuous yeare
b. CMUSATION
(l). Consultants and experts will be compensated in an amount conunen-
curate with their respective duties and responsibilities and
qualifications, or they may verve without compensation.
(2) Ordinarily, consultants will be paid on a daily basis and experts
will be paid for hours spent in a duty status. Consultants or
oxperts may be paid however, on a fee basis if required by needs
and circumstances. An intermittent consultant or expert will not
be paid in excess of $50 per daye
c. TRAVEL
(1) Consultants and experts are entitled to payment or reimbursement of
travel expenses and per diems, in lieu of subsistence, when traveling
between,their homes or places of business and Washington, D.C., or
other place of duty.
(2) If a consultant or expert serves continuously for one calendar month
or more, he loves the right to such travel and per diem and must
repay all UMAJM he may have already received for travel and per
diem in lieu of subsistence.
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(3 ",'1qot ritbats
Director for Parnotmal m W.. .n, exC ,0W2 colas Of service for Icamr
ccutimtow p .. aV i,- ;t; Of trawl w per diet. and he
may s ivre the r par e?"t o r +a *Qt + err a ?- reca ,,...? Such on uthori.
nation will be based on a detsrmination tbz, the individual's
status is in fact most nearly ::hay of ca iaterwittent consultant
Or expert and the irdivi.dh.a1 eoncertxad will not accrue the leave
benefits indicated in 64(2) below as a result thereof. Such ex?-
ceptions will not be made unless the period of service beyond the
calendar month is dictated by operational necessity and is limited
to a few additional working days.
(a) The request must be apprb-ed by the Chief of the Major Com-
ponent concerned and addressed to the Assistant Director for
Personnel and will be accompanied by a completed Travel Order.
It must fully justify the exception and designate the exact
number of additional days the individual's services will be
required.
(b) The Assistant Director for Personnel will obtain the recom-
mendation of the General Counsel before takii final action,
if he approvos the request, he will sign the Travel Order as
? the Authorizing Off i ciei. and will i or card it to the Comptroller
for settlement.
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d. LELVE, MD RETIREMENT BMWITS
(1) -Consultants and experts who are serving on an intgrncittent basis
are not entitled to accrue annual and side leave. 'Neither are they
entitled to Social Security. or civil-service retirement bonefits
except when an individual is subject to the Civil Service Retirement
Act by mason of his appointment as a consultant or expert without
following
a break in service f `.. employment in which he had civil. -service
retirement status.
(2) Consultants and experts who serve continuously for one calendar
month or more are entitled to accrue annual and sick leave, in
accordance with the provisions of the Annual and Sick Leave Act
of 1951,for those periods of employment which equal or exceed 90
continuous calendar days. Social Security deductions will not be
made for such individuals who are engaged through a contract instruent
7.' VISITS IN WASHINGTON, D. C. BY CON$JLTANTS AND WERTS
Using offices will advise the Assistant Director for Personnel of impending
visits of consultants or experts, giving the time and dates, where there is
reason to believe that other offices can benefit from such visits.
8. PROCMUPMS
as REQUESTING AND PROCESSING LOYD T OF CON 1 LTA14TS AND EaWTS
(1) Requests for the employment of consultants and experts will be
prepared on Standard Form 52, Request for Personnel Action, and
directed to the Assistant Director for Personnel. The request will
be accompanied by the following:
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me.rorandum of justification containing the following
(2)
)
(2)
(2)
A statement of the contemplated duties and respon-
sibilities, frequency of use and duration of employment
(Form 37-178, Position Description, may bo used for the
statement of duties and responsibilities) ;
explarnation as to why other personnel resources of
the component, including any consultants, cannot be
utilized;
The proposed rate of compensation, if any;
Reasons for using a consultant or export rather than a
temporary employee,'conpensated at a General Schedule
rate. This justification will indicate the relative admin-
istrative and financial effects of employing a consultant
or expert as compared with other temporary employees.
(b) 'W ?sonal History Statement and. Appendix I and Appendix II, if
applicable.
Since many highly qualified persons are willing to furnish serrice
to the Agency without monetary reward, the Chief of the Major
Componert concerned will consider the possibility of oi:taining
d&vidu..al's ae* ces on a ccww.thout con er.sation" (WO) basis
an
before requesting his e ioymcut as a consultant, or expert on a
compensated basis. ploysment on a WOC basis will be processed in
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' the same manner as employment of paid consult-ants and experts
in order to permit the individuals concerned to receive the other
benefits to which consultants and experts are entitled.
(3) The Assistant Director for Personnel, or his designee, will review
each request for employment of a consultant or expert to determine
if existing personnel resources are adequate to meet the requirement.
If this review inlcates that the Agency already has a staff
employee, a consultant or an expert qualified to meet the new
requirement, the requesting office will be so advised and the
necessary arrangements made for joint utilization of the individual
already employed, if he is otherwise available and the Director of
Security concurs. If there is no qualified individual presently
employed by the Agency and available for the assignment, processing
of the request by the Office of Personnel will continue. Such pro-
cessing will include a review of the rate of compensation proposed
by the requesting office in. order to determine the rate of compen-
sation to be recommended to the Director of Central Intelligence.
This recommendation will insofar as practicable, take into accourr":
classification principles and practices applicable to regular
positions in the Agency.
(4) The a morarWdum of justification re e:ived with the FF-52 will be
detached and forwarded with the recommendation of the Assistant
Director for Personnel to the. Director of Central Intelligence for
_y_
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(b) 1)etenei ticsi viii be made regarding the date the caaneultent or exp a
will report to the office concerned. Prior to the time an iacividva
the individual has been-security cleared*
final approval. The Office of Personnel will advise the Chief of
the Major Component concerned of the Jirecto t s adtiofi.
Approved requests will, be processed as prescribed below:
(a) The Office of Personnel will notify the requesting office that
reports fur dut
i
W
h
i
ton
t
C
y
n
aa
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.,
he requesting office
will inform the Office of Personnel of the reporting date and
will refer the individual to the Office of Personnel at that
time for processing, If the individual ' s first assignment
is to be performed in a locality outside the Washington.. I.C.
area, the requesting office will indicate this fact in the
Remarks section of the SF-52 when it is initiated in order
that the necessary processing can be concluded.
(c) Arrangements will be made for the consultant or expert to
be photographed and fingerprinted and to receive a security
briefing, as appropriate.
Li) Each consultant or expert who enters on duty in Washington,
1D. C. will be fingerprinted on the a ume day of his pro-
Ceasing, except that the Security Office they consider
this requirement to be unnecessary for an inciividual
who :is obtained from another Federal agency.
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1" an i+idtya'_.dh? 1 !a to per ?ora his first a asi r nt in
a ]onealiity cutU.iriF,a t} ,:re krinA,ton, D.C. arena, ara; tr mcnts
will be made to nbta.i i his fi,ngerpr3mts prior to the
assumption of his duties.
If Cie request:? ng office has no security objaction.3
to poreible dj.rmrlc,stir of the individua.1rs affiliation
with the A,,;en^y, it wi . fan rl two copies of the
fi.ngerp:?int form L~sed bw~ he Agency to the ikdi-
vidua,l along with the Personal History Statement?
The fingerprint foxzn may be obtain+ d from the Office
of Personnel. The individual will be instructed to
secure fingej-,rint3 from an Agency contact o:ifice,
local FBt office, St4:; police unit, .rn lcipcl.
police department or post o.fffice. This form wM
be submitted to the Office of Personnel along kal' th
the Personal, History Statem nt, and the 07-52 l.U
contain a statement that fin,Eerprinte were ob a-5-w-ed.
(b) If security considerations prec.le: a ;visible idea-
tif"icatiori of the individual witxh the cn+, the
recuoating office will n.c:.ic& e in ,,he :'t;+i1"ra !~
section of the 17-52 that the Cffice of
P-:z?sc~:;ne:~,
should arrange to obtain the f:l.n,,err:>x.ints in a,
secure manner.
U a.
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(d) The Office of Personnel will prepare a Personal Service Con-
tract, Form 37--53, and obtain the approval of the contract.,
when appropriate, by the Office of the Genei al Counsel. The
form wall. designate a waiver of compensation whenever a
consultant or expert agrees to serve without compensation.
(6) A material alteration of the terms of the contract, including the
conversion of a consultant or expert from a i DC basis to a com-
pensation status, will be processed in accordance with the pr
y
cedar es .in" ga: (1), (3), (4) and (5) above, as applicable.
made to the Office of Personnel at least one month prior to the
thirty days prior to their expiration..
(2) Requests for extension of consultant or expert services will
OF CONSULTMIT AIM E' ''IAY' IT
(1) The Office of Personnel will establish and maintain appropriate
record systems for revie g Personal Servico'Contracts at lea3t
(3)
expiration of the current agreement. The renewal or extension
of consultant or expert contracts requires the concurrence of
the Director of Security and the prior written approval of the
Director.
The Assistant Director for Personnel will review quaxte:rly the
employment of consultants and experts by the Agency am d -a-ake
such final action or make such recommendations to the Director
in connection therewith as be appropriate.
DIS l"?I.l'TTOrx AB
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