CIVIL SERVICE REFORM ACT OF 1978 CIAS APPROACH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-01114R000300080025-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: June 8, 2001
• Sequence Number: 25
• Content Type: REPORT

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CIVIL SERVICE REFORM ACT OF 1978
'CIA'S 'APPROACH
1. GENERAL
While certain provisions of the Civil Service Reform Act of 1978
are applicable to all Executive Branch agencies, CIA is specifically
exempted from most major provisions of the Act.
The basis for CIA's request for these exemptions was based
primarily on the protection of intelligence sources and methods rather
than objections to the principles and concepts of the provisions of
the Act itself.
The Director of Central Intelligence, under authorities contained
in the National Security Act of 1947 and the CIA Act of 1949, can elect
to adopt elements of the Act for application within CIA.
2. PROVISIONS OF THE ACT AND IMPLICATIONS FOR CIA
A. Title .II - Merit System Principles and Prohibited Personnel
Practices
? Merit Principles
Provisions of Chapter 23, Title I, state that all agencies
(including exempt) should follow the merit principles with the proviso
that "no provision of this chapter shall be construed to impair the
authorities and responsibilities set forth in Section 102 of the
National Security Act of 1947 or the Central Intelligence Agency Act
of 1949 . .
The CSRA merit principles are similar to current principles
contained in present CIA regulations.
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? Prohibited Personnel 'Practices
CIA is specifically exempted from statutory application
of the Prohibited Personnel Practices provisions of the Act. The
Agency's current internal regulations include essentially the same
prohibitions as cited under the Act.
B. Title II - Civil Service Functions
Performance Appraisal System.
A ve5rse Actions
? Civil Service Functions
CIA can be affected under the "Civil Service Functions"
section of this title when "whistleblowers" make allegations of
wrongdoing to the Special Counsel of the Merit System Protection Board.
The law requires that upon receipt of information involving foreign
intelligence or counterintelligence the Special Counsel shall transmit
such information to the House Permanent Select Committee on Intelligence
and the Senate Select Committee on Intelligence. If such allegations
involve CIA, it is assumed that the Congressional Intelligence
Committees would conduct investigations.
? Performance Appraisal and Adverse Actions
CIA is exempt from the Performance Appraisal and Adverse
Actions provisions of the Act.
CIA's current Performance Appraisal System meets the
requirements proposed under the Act for the general governmental system.
C. Title III - Staffing
? Dual Pay Limitations for Retired Members of the Uniformed
Services
CIA is covered under this provision of the Act and is
applying the new rules.
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? Minority Recruitment Program to Eliminate Uriderre resentation
o Minorities within _ ra e Groups or Occupational Services
CIA is exempt under provisions of the Act but will be
obligated to comply with the Equal Employment Opportunity Commission.'s
requirements in this regard if they use the EEO Act of 1972 as their
statutory authority in CIA's case.
Temporary Employment Limitation
CIA and all other Executive Branch agencies are covered
by this provision which limits the numbers of "on board" employees
on 30 September 1979, 1980 and 1981 not to exceed the number "on board"
as of 30 September 1977.
D. Title IV - Senior Executive Service
CIA is exempt from Title IV but is placing particular emphasis
on the study of the Senior Executive Service concept for possible
adaptation within CIA under the DCI's current statutory authority.
The CIA Office of Personnel has actively participated in
the meetings and workshops held by the Office of Personnel Management
(OPM) and has concluded that conceptually the principles and theory of
the SES are sound and offer opportunities for improving the effectiveness
of CIA's Executive Management System.
As a consequence of these studies the Agency has established
a "task group" composed of Office of Personnel representatives and line
component managers to undertake indepth.study of all facets of the SES
approach and the development of a program structure for DCI consideration.
Among the approaches under consideration is the possible
adoption of a basic program for senior managers and a parallel program
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for non-managerial senior analysts and operations officers.
The task group will also address the Agency's personnel.
appraisal system to determine modifications that may be necessary to
establish, a special performance appraisal system for SES participants.
E. Title V - Merit Pay for GS 13-15 Supervisors and Managers
CIA is exempt from Title V but has been studying the Merit
Pay concept and the possible advantages and disadvantages of adoption
of such an approach within CIA.
F. Title VI - Research, Demonstration and Other Projects
All Executive Branch agencies are free to voluntarily
participate in OPM projects under this Title.
G. Title VII - Labor-Management Relations
--CIA is exempt from Title VII.
Title VIII - Grade and Pay Retention
CIA is exempt from Title VIII.
. Title IX - Miscellaneous
No applications to CIA.
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Effective 1 October 1979, the CIA established a Senior
Intelligence Service. Patterned after the Senior Executive
Service established for federal agencies under the Civil
Service Reform Act of 1978, the SIS was set up under existing
CIA statutory authority. All eligible CIA officers (super-
grade, scientific-pay scale, and executive pay scale levels
4 and 5) were invited to join. All but one chose to do so.
The single dissenting officer cited his previously declared
intention to retire in January 1980 as the basis for his
decision.
. The SIS system is intended to improve the effectiveness
of our senior managers by recognizing and rewarding performance
with stipends and awards. Other benefits include lifting
annual leave accumulation limits (subject to an 80-hour "use
or lose" rule), the opportunity for sabbaticals, and partici-
pation in senior officer development programs. The key
elements of the system are:
-- written advance work plans (signed contracts which
explicitly define what is expected of each SIS member
by his/her supervisor during a performance period);
-- formal evaluations of the extent to which agreed-upon
work objectives were accomplished during the reporting
period, and
-- the awarding of cash stipends and awards based upon
the performance evaluations. Up to 50 percent of SIS
members may receive cash awards ranging from 7 to 20
percent of basic salary. In addition, a handful of
more valuable awards are available each year.
Another provision of the Civil Service Reform Act deals
with Merit Pay for supervisors in the GS-13 to GS-15 grade
range, providing for incentive increases to deserving officers
in lieu of yearly pay adjustments and in grade increases based
primarily on time in grade. Merit Pay goes into effect not
later than 1 October 1981 in federal agencies covered by the
Act. CIA is studying the concept and will monitor the
experience of some of those agencies which must implement
it. Some time in the future we will decide if Merit Pay makes
sense for CIA.
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