AR 3-22 SPECIAL CONSIDERATIONS IN HIRING OR USING THE SERVICES OF CERTAIN INDIVIDUALS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06754999
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: March 9, 2023
• Document Release Date: August 17, 2020
• Case Number: F-2016-00473
• Publication Date: April 1, 1985

Approved for Release: 2020/08/17 C06754999
(U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-
16.
AR 3-22 (U) Special Considerations in Hiring or Using the
Services of Certain Individuals (Formerly HR 20-13)
HR - Agency Regulation Series 3 (Workforce/Human Resources) Published on 01 April 1985
Revision Summary
(b)(3)
(U/754114g) AR 3-22 (formerly HR 20-13) was reformatted and republished in November 2014 to
conform with the Agency regulatory structure and format approved by the EXDIR in July 2013. The
text of this issuance has not been revised, it has been republished as it was ingested from WebRegs.
Please contact HR if you have questions.
Regulation Summary
(U) This regulation states policies and procedures for the hiring and extension of employment by
Agency components of annuitants of the U. S. Government and details the restrictions on the
employment of or contact with members of ACTION and the Peace Corps. This regulation pertains to
the hiring of individuals as independent contractors under personal services contracts and the hiring
of employees, but does not apply to the hiring of bona fide proprietorships, partnerships, or
corporations.
I. (U) Authorities
(UhiAitler) Section 8 of the Central Intelligence Agency Act of 1949, as amended (50 U.S.C. 403i); AR 1-
1 (U) The Central Intelligence Agency and its Regulatory System.
II. (U) Policy
A. Retired Agency Employees, Other Retired US Government Civilian Employees, and
Retired Personnel of the Uniformed Services
1. POLICY. With the exception of those individuals who are selected for the Inactive
Cadre of the Agency Civilian Reserve Program, the use of Central Intelligence Agency
Retirement and Disability System (CIARDS) or Civil Service Retirement System
annuitants is discouraged. As a general rule, the Agency does not wish to hire
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annuitants and will do so only where important intelligence activities will be adversely
affected unless it has the services of such individuals, or when necessary to meet
Agency requirements which cannot be satisfied in other ways. Specifically:
a. Annuitants may be hired to meet only those requirements that cannot be
filled either by the internal reassignment of Agency employees or by the
recruitment of qualified individuals who are not annuitants and who may be
expected to serve on a career basis with the Agency.
b. Annuitants may be hired by temporary or reserve appointment or by contract
as independent contractors or as contract employees (see AR 20-2 (formerly
HR 20-2), (U) Categories of Personnel). Requests to hire annuitants as
independent contractors or employees will include a statement as to why the
requirement cannot be met through the use of an employee who is not an
annuitant and will specify the action being taken to rectify the deficiency.
c. Annuitants who are utilized as independent contractors will not be placed in
positions of line authority, nor will the use of annuitants as independent
contractors or employees in any way interfere with the orderly career
development of employees who are not annuitants
d. (Paragraph is rescinded per AR 8-21 (formerly AR 40-8) dated, 5
November 2001.)
e. An Agency annuitant independent contractor will not be engaged to perform
the duties of the position from which he or she retired.
f. The salary paid an annuitant rehired as an employee will be based on the
employee's qualifications and the requirements of the assignment.
(1) The annuity of a civilian retiree normally will be continued but the
salary will be reduced by the amount of the annuity, using the hourly
rate as the basis for the computation. The rules of this paragraph
also apply to CIARDS retirees who are reemployed under the
provisions of Section 272 of the Central Intelligence Agency
Retirement (CIAR) Act of 1964.A CIARDS annuitant who is recalled
under Section 271 of the CIAR Act of 1964 does not fall within the
purview of this regulation.
(2) Rehired personnel of the uniformed services hired by the Agency as
employees are subject to the provisions of Section 5532 of Title 5,
U.S. Code, pertaining to dual pay. (Paragraphs A.1.f.(2) thru B.1.c.(1)
Reissued: 27 October 1989)
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9. (Paragraph is rescinded per AR 8-21 (formerly AR 40-8) dated, 5
November 2001.)
h. Rehired annuitants are subject to the same medical, security, and
administrative approvals as apply to Agency nonannuit ant personnel.
2. HIRING AND EXTENSION PROCEDURES
a. All requests to hire or extend U.S. Government annuitants will be submitted
to the Director of Personnel for his approval or referral to higher authority.
Contracts to hire Agency annuitants as independent contractors within 1
year after the annuitant's retirement may not be executed without the
approval of the DDP&C, except as provided in paragraph d. below.
b. A request to extend an annuitant's services must be submitted to the
Director of Personnel at least 30 days prior to the expiration of the
appointment or contract.
c. The request to hire or extend an annuitant must contain a provision
regarding the proposed period of Agency service. The following guidelines will
be applied in both situations:
(1) The length of service for civilian annuitants hired or extended as
contract employees and all annuitants being engaged as
independent contractors will not exceed a 1-year period.
(2) The length of service for military annuitants hired or extended as
contract employees and all annuitants hired by appointment
normally will not exceed a 1-year period except that a 13-month
period will be considered normal if major employee benefits are
contemplated; i.e., Civil Service retirement, Federal health benefits,
and FEGLI. In exceptional cases, where such an annuitant possesses
unique qualifications, a hiring period of up to 2 years may be
requested.
d. There are certain annuitants, who, because of the functional nature of their
job skills, may be routinely considered and hired to meet Agency personnel
needs, subject to Director of Personnel approval. These annuitants help meet
Agency requirements which cannot be completely satisfied through the use
of other personnel resources; they do not interfere with the orderly
progression of employees; and they are, therefore, not required to meet the
restriction that an Agency annuitant will not be hired within 1 year following
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retirement. The specific functional areas in which these annuitants are
utilized are as follows:
(1) Annuitants hired for clerical or technical positions through GS-08 or
prevailing rate positions (e.g., Wage Board, Graphic Arts, and
Government Printing).
(2) Annuitants hired to review material relating to FOIA and Privacy Act
requirements.
(3)
Independent contractors who serve as Clearance Support
Specialists, construction monitors, or technical monitors for the Office
of Security.
(4) Independent contractors of FBIS/Joint Publications Research Service
who are compensated on a fee basis for translation work.
Independent contractors who review OSS files.
(b)(3)
Independent contractors who perform "one-time" services; e.g.,
addressing Agency training courses.
(b
(10)
3. APPOINTMENT (CAREER STAFF EMPLOYEE).An exception to the policy of
appointing an annuitant as a temporary or reserve employee will be granted only
when an individual possesses rare and outstanding qualifications needed by the
Agency or is hired in a clerical stat us. A request for appointment as a career staff
employee will be forwarded by the Head of the Career Service concerned to the
Director of Personnel for approval.,(2r
B. Employment of Members and Former Members of Action and the Peace Corps. This
)(3)
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regulation prescribes prescribes policy applicable only to the Peace Corps.
1. POLICY
a. Although the Peace Corps is no longer a component of ACTION, the
following provisions will apply to anyone employed by or associated with the
international activities of ACTION during the period in which the Peace Corps
was a component of ACTION, and will apply in the same manner as such
provisions apply to anyone employed by or associated with the Peace Corps.
b. Members and trainees of the Peace Corps will not be employed or used in
any capacity, with or without remuneration, by the Agency or by an Agency-
controlled organization. The term "members of the Peace Corps" means
anyone employed by or having a significant relationship with the Peace
Corps, except trainees.
c. Former members of the Peace Corps may be employed or used by the
Agency or by Agency-controlled organizations with the prior approval of the
Deputy Director concerned and only in accordance with the following:
(1) Except as stated in part III. Responsibilities below, former members of
the Peace Corps may be employed or used by the Agency only if 5
full years have elapsed since separation from the Peace Corps.
(2) An Agency-controlled organization may hire former members of the
Peace Corps, but only for duties related to the overt purposes of
such organization, if at least 24 months have elapsed since
separation from the Peace Corps.
d. Former trainees whose Peace Corps service included duty or training
overseas are subject to the rules governing employment or use of former
members of the Peace Corps as stated in paragraph B.1.b. above. Former
trainees who did not serve at any time as members of the Peace Corps and
whose Peace Corps service did not include duty or training overseas may be
employed or used by the Agency or by organizations under its control at any
time following separation from the Peace Corps only with the prior approval
of the Deputy Director concerned.
e. Former members or trainees of the Peace Corps whose employment or use is
permitted by paragraphs B.1.b. or B.1.c. above may not be assigned to or
used in a country for which they had been trained or to which they had been
assigned while with the Peace Corps.
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Information may be received by the National Collection Division (NCD/DO) or
another authorized component from private corporations, and other '
organizations employing former Peace Corps personnel, notwithstanding the
fact that the information may originate with former Peace Corps personnel.
However, any direct briefing or debriefing of or contact with former members
or trainees of the Peace Corps is subject to the following:
(1) Prior approval must be obtained from the Deputy Director or Head of
Independent Office concerned.
(2) If the individuals are former members of the Peace Corps, or former
trainees whose service included duty or training overseas, 5 years
must have elapsed since separation from the Peace Corps.
If contact with former Peace Corps members or former trainees
whose Peace Corps service included duty or training overseas
should be unavoidable during the required 5-year waiting period, the
Deputy Director or Head of Independent Office concerned may
request an exception from the Executive Director (EXDIR).Among
the possible reasons for such unavoidable contact would be the
designation of a former member or trainee as the liaison officer to
the NCD or other authorized Agency component. (Revised: 25
January 1994)
Ill. (U) Responsibilities
A. Deputy Directors and Heads of Independent Offices are responsible for ensuring compliance
with the policies stated in paragraph B.1. above. They will refer to the EXDIR for policy
guidance any question not clearly covered by these policies concerning employment, use, or
contact with an individual who is or was formerly a member or trainee of the Peace Corps.
B. The Director of Personnel will review any proposal for the employment of a former member or
trainee of the Peace Corps in a staff, contract employee, or consultant capacity, or for the
assignment of such an individual, and will ensure that the proposal is consistent with the
policies set forth above. (U)
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