ATTACHED ARE THE FINAL DRAFTS OF THE NAPA ACTION PLAN AND THE NAPA RECOMMENDATION RESPONSES FOR CONSIDERATION AT THE 28 JUNE CPCC MEETING.
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP90-00530R001002380003-0
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
10
Document Creation Date:
December 27, 2016
Document Release Date:
May 30, 2013
Sequence Number:
3
Case Number:
Content Type:
MISC
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CIA-RDP90-00530R001002380003-0.pdf | 437.49 KB |
Body:
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Note to SSG Members:
(1)
Attached are the final drafts of the NAPA Action Plan and the NAPA
Recommendation responses for consideration at the 28 June CPCC meeting. These
documents incorporate comments and new language suggested by SSG members and
by our general counsel rep, The Action Plan differs from the
last draft you saw in the following ways:
1) We have taken out specific reference to Title 5 exemption in the
"Legislative Impact" section and have indicated instead that authorizing
legislation will be needed (it is not enough to be exempt from something
we also need authorities to do something).
2) In the "Legislative Impact" section, we have made a distinction
between keeping the Committees. informed as a matter of policy and
notifying the Committees as a requirement of law.
3) The language concerning the Labor Relations initiative (#2, p.8) was
changed slightly to seek a new Executive Order excluding CIPMS as a whole
from bargaining as a first step; failing this we would seek legislative
changes.
4) We consolidated the two CIPMS/OPM oversight relief initiatives (one
was medium-term concerning performance appraisal systems and the second
was long-term seeking total independence from OPM) into one initiative
under the medium-term section (#4, p.5).
5) Based on INR's input, two new proposals were added to the Action
Plan--#11, p.4 as a short-term and #6, p.6 as a medium-term initiative.
If any of these changes are particularly offensive, please let me know as
soon as possible. Otherwise, we'll see you'at the CPCC meeting on 28 June!
STAT
STAT
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NAPA ACTION PLAN
SHORT-TERM INITIATIVES (WITHIN ONE YEAR)
COMPENSATION AND BENEFITS
1. DOMESTIC LOCAL (GEOGRAPHICAL) PAY RATES
Community personnel that are transferred to a high-cost area by order
of the government should be given additional compensation to meet a higher
cost of living. CIA already has an "Addition to Compensation" to
accommodate this problem. NSA has special pay rates for a few of its
domestic locations based on Title 5 U.S.C., Section 5303; however, this
authority is not sufficient to establish geographic rate schedules at
other locations. High cost areas (e.g., New York) cannot be supported
under 5 U.S.C. since there are no skill comparisons with the private
sector to make wage and salary determinations. FBI would like geographic
pay rates to include all employees in a given location (local hires) as
well as those relocated by the government.
Legislative Impact: Requires authorizing legislation for agencies
without authority.
The Intelligence Community would benefit from the ability to hire
selected military retirees with unique, critical skills at a compensation
rate that will give these particular retirees the incentive to return to
public service. This is especially critical to the military service
components that need to retain specialized knowledge and skills attainable
only through military service. This initiative would give the head of
each intelligence agency the authority to issue a dual compensation waiver
for a limited number of individuals designated for specific positions of
critical importance to the agency. An annual reporting requirement to the
Intelligence Oversight Committees could be built into this process.
Legislative Impact: Requires authorizing legislation.
3. EXAMINE INTELLIGENCE COMMUNITY OVERSEAS PAY POLICIES
This initiative would examine the pay policies of different agencies
for like work being performed at overseas locations (without regard to the
type of location or support agreements thereto). In particular, NSA would
like to extend the 9.6 percent pay to additional types of overseas
locations.
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Legislative Impact: No new legislation required for NSA, but as a
matter of policy, the Intelligence Oversight Committees would be kept
informed.
This initiative would follow other successful flexible pay and bonus
projects, such as the one implemented at China Lake and at the CIA, and
allow NSA to develop flexible pay and bonus systems to allow it to compete
with industry on a continuing basis. FBI would like to explore a limited
pay banding project, and the CIA would like to explore expanding its pay
banding policy to other occupations.
Legislative Impact: Requires authorizing legislation for agencies
without authority and, as a matter of policy, the Intelligence
Oversight Committees would be kept informed.
This initiative would provide CIA employees with a menu of
alternative health benefits, life insurance options, etc., that would
allow, them to create a health benefits plan tailored to their specific
need. Intelligence Community agencies agreed that CIA should proceed
with the development and implementation of'this program and serve as a
research project for other governmental agencies. This initiative was a
NAPA recommendation.
Legislative Impact: Does not require ne('legislation but certain
features of the CIA program would require notification to the
Intelligence Oversight Committees.
Congress has granted Army relief from end-strength accountability in
its nonintelligence appropriations. This is not true for funds provided
through the DCI. The ability to manage manpower based on funding limits
rather than manpower controls is highly desired by DoD managers of
intelligence functions to assist them in the day-to-day administration of
their organizations. Funding ceilings would not be affected, although
end-year manpower levels could deviate from planned targets.
Legislative Impact: Requires legislative changes.
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RECRUITMENT AND RETENTION
7. FBI EXEMPTION FROM TITLE 5, U.S.C.
This initiative would exempt the FBI from the Title 5, U.S.C.
position classification requirements of the General Schedule and the
prevailing rate systems in order to allow greater flexibilities to select,
appoint, and maintain a highly qualified work force.
Legislative Impact: Requires legislative exemption from Title 5,
U.S.C. for the FBI.
TRAINING AND CAREER DEVELOPMENT
This initiative would lift Government Employees Training Act
restrictions and permit agencies to use external training. resources more
flexibly. This would allow Intelligence Community agencies to develop
projected future skills and knowledge needs and establish undergraduate
and graduate study programs for current employees and for high-caliber
applicants as a recruitment incentive.
Legislative Impact: The first step would be to determine whether an
Executive Order could provide the appropriate exemption. If it could
not, new legislation would be required.
EQUAL EMPLOYMENT OPPORTUNITY ISSUES
This initiative would require Intelligence Community agencies to
submit to the Intelligence Community Staff EEO reports in the MD 714
format; these EEO reports would then be passed to the House Permanent
Select Committee on Intelligence (HPSCI) and Senate Select Committee on
Intelligence (SSCI). Presently, the Intelligence Community Staff submits
a statistical report to the SSCI and HPSCI indicating each equal
employment opportunity group's representation in the respective agencies.
These statistics are not always comparable, however. Use of the existing
MD 714 format will save the work of creating separate, different plans and
reports and will allow the information to be developed and interpreted in
a more consistent manner.
Legislative Impact: None
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RETIREMENT AND OUTPLACEMENT
CIA proposes to extend its present 30-day retirement program to a
90-day program patterned after the State Department's career transition
program. The purpose of this program is to encourage senior officers to
continue their careers outside the Agency and stimulate the "flow" of
career employees.
Legislative Impact: The Intelligence Oversight Committees would be
kept informed.
11. TRANSFER FROM EXCEPTED APPOINTMENT STATUS TO COMPETITIVE CIVIL SERVICE
The DoD is in the process of negotiating an agreement with the Office
of Personnel Management to allow CIPMS employees to transfer from an
excepted appointment status to the competitive Civil Service. Other
Intelligence Community agencies are interested in pursuing similar
agreements with OPM if the DoD approach is successful. If separate,
unilateral agreements with OPM are not feasible, the Community may
consider other mechanisms--such as a DCI-OPM agreement--or seek
legislation authorizing such action.
Legislative Impact: May require authorizing legislation if
negotiations with OPM are not successful.
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MEDIUM-TERM INITIATIVES (WITHIN FIVE YEARS)
COMPENSATION AND BENEFITS
The NAPA Panel recommended that all intelligence agencies be given
the authority, similar to that of CIA, to select, appoint, and compensate
staff to attract and retain a high-quality work force. Through the
Community Personnel Coordination Committee, the Intelligence Community's
senior personnel group, parameters for developing a framework for these
authorities must be developed. CIA authorities will be the benchmark
against which the other Intelligence Community agencies will make their
assessments.
Legislative Impact: Requires authorizing legislation.
2. GIVE DCI AUTHORITY TO ALIGN OVERSEAS ALLOWANCES AND BENEFITS FOR
INTELLIGENCE COMMUNITY EMPLOYEES WITH FOREIGN SERVICE
Some Intelligence Community agencies already pay overseas allowances
and benefits that are fairly consistent with that of the Foreign Service.
However, many Intelligence Community employees are not receiving
comparable benefits. This issue is of particular importance to NSA.
Legislative Impact,: Requires authorizing legislation.
RECRUITMENT AND RETENTION
3. REDUCE CLEARANCE DELAYS FOR MILITARY DEPARTMENTS
This initiative would require that greater resources be given to the
Defense Investigative Service for additional staffing to alleviate
clearance delays.
Legislative Impact: Requires additional. appropriations for DoD.
4. RELIEF FROM OPM REVIEW/OVERSIGHT OF CIPMS
The unique requirements and systems encompassed by the CIPMS require
a comprehensive, consistent, and common authority base. Absent specific
exempting language in Title 10 U.S.C., OPM policies and procedures will
apply to CIPMS--particularly OPM's authority to review and approve
performance appraisal systems. DoD seeks relief from OPM oversight on
these largely administrative issues to prevent inconsistencies and
confusion; the division in administrative authority and evaluation
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authority between OPM and DoD is particularly a problem in the case of
performance appraisal systems. Relief from OPM oversight is key to the
coherent and timely implementation of the CIPMS.
Legislative Impact: Requires changes to Section 1590, Title 10.
EQUAL EMPLOYMENT OPPORTUNITY ISSUES
5. EEO RECRUITMENT AUTHORITIES
The "Stokes" Program of tuition assistance and work experience for
college students is considered to be a useful mechanism for recruiting
minority employees who are suitable to work at CIA and NSA. This
initiative would extend authorities currently enjoyed by CIA and NSA to
the other intelligence agencies to allow for similar recruitment
activities.
Legislative Impact: Requires authorizing legislation for agencies
without such authority.
RETIREMENT AND OUTPLACEMENT
6. APPROVAL FOR EARLY OPTIONAL RETIREMENT
Intelligence Community managers would benefit from the ability to
approve early optional retirement for employees affected by staff overages
(e.g., due to budgetary reductions or overstaffing in specific
occupational skills). For those agencies without the ability to exercise
the provision of early optional retirement, new legislation would be
needed. There are also some indications that OPM could decentralize this
authority.
Legislative Impact: If OPM does not decentralize the authority to
approve early optional retirement, legislation for agencies without
such authority would be required.
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LONG-TERM INITIATIVES (FIVE+ YEARS)
COMPENSATION AND BENEFITS
All agencies agreed that the pay cap should be eliminated and that
pay compression should be reduced at the executive level. Given the
studies and work by other groups concerning this issue, the Intelligence
Community believes that specific strategies or actions should not be
pursued at this time. However, this issue is of great importance and
could have a great impact on Intelligence Community personnel policies.
Legislative Impact: Requires legislative changes.
The OPM-administered General Schedule wage system has been judged to
be at least 10 percent behind comparable private industry pay rates. DoD
would thus like to have the authority to develop separate pay scales. The
Military Departments would benefit greatly from any authorities granted to
establish truly competitive pay structures. This authority could
alternatively be granted to the DCI for the Community as a whole.
Legislative Impact: Requires new legislation.
Enhanced pay flexibility gives managers the authority to reward top
performers and distribute a given amount of pay within a group of
workers. CIA would like to pursue a decentralized classification system
that will eventually be tied directly to line management budget authority,
giving managers the ability to manage their personnel and resources within
specific budget constraints.
Legislative Impact: No new legislation required but, as a matter of
policy, the Intelligence Oversight Committees would be kept informed.
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NON-NAPA PERSONNEL INITIATIVES
I. SHORT-TERM INITIATIVES (WITHIN ONE YEAR)
CIA proposes to extend its present spousal leave transfer program
that allows one spouse (higher ranking) to transfer leave to the other
spouse in order to care for newborn children. The Intelligence Oversight
Committees did not object to the implementation of the program on a
temporary basis because it was contemplated that government-wide
legislation would be introduced. The Office of Personnel Management has
not submitted such legislation as yet. Since CIA has had good results
thus far, it would like to extend the program for another year, and
include the care of newly adopted children as well.
Legislative Impact: No new legislation required but, as a matter of
policy, the Intelligence Oversight Committees would be kept informed.
Section 7112, Title 5 U.S.C. and Executive Order 12171 exclude
specific functions and organizations from bargaining unit coverage. Some,
but not all, of the organizations in the Military Departments and some of
the positions proposed for coverage in CIPMS have been specifically
excluded from the labor relations program. DoD proposes that, in the
interest of consistency and sound management, a new Executive Order be
drafted to exclude all CIPMS positions from bargaining unit coverage.
Legislative Impact: Determine the feasibility of obtaining a new
Executive Order that applies to CIPMS as a whole. If this is not
possible, new legislation would be required to codify this exemption.
3. DOD: RELIEF FROM PROVIDING PERSONNEL DATA OUTSIDE DoD
Presently, CIA, NSA, and DIA all have statutory relief from providing
personnel data to OPM. A similar exception would assist the Services in
ensuring security by precluding the dispersion of employee data to the
many federal and non-federal sources that access the OPM data base. This
is a DoD initiative.
Legislative Impact: Requires legislative changes.
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NON-NAPA PERSONNEL INITIATIVES
II. MEDIUM-TERM INITIATIVES (WITHIN FIVE YEARS)
1. DOD: STATUTORY EXTENSION OF TRIAL PERIOD FOR CIPMS EMPLOYEES
The Military Departments would like to lengthen the trial period for
new employees from one to two years. A longer trial period is necessary
to make a judgment on suitability, especially for employees that are in
training for most of the first year or for those who start employment
without a full security clearance or access and begin their job nine
months to a year after they have come on duty.
Legislative Impact: Requires legislative changes.
2. DOD: AUTHORITY TO NEGOTIATE PERSONAL SERVICES CONTRACTS FOR EMPLOYMENT
This authority would facilitate the utilization of many skilled
individuals who would otherwise not be available for federal employment.
Retired civilian employees are an important group in this regard who often
have irreplaceable skills, who do not desire a long-term or regular
employment relationship, and who cannot be compensated as a regular
government employee because of annuity restrictions. Overall, the number
of employees that would be affected by this authority would be minimal.
Legislative Impact: Requires authorizing legislation for agencies
without authority.
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