NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 ANNUAL REPORT FOR THE FISCAL YEARS 2007 AND 2006
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Collection:
Document Number (FOIA) /ESDN (CREST):
06803274
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Document Release Date:
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Approved for Release: 2022/03/31 C06803274
Central Intelligence Agency
Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002
Annual Report for the Fiscal Years
2007 and 2006
0
EQUAL
EMPLOYMENT OPPOR UNITY
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No FEAR Act's Annual Report for the Fiscal Years 2007 and 2006
Executive Summary
The No FEAR Act, signed by President George W. Bush on 15 May 2002, is
intended to reduce the incidence of workplace discrimination within the Federal
Government by making agencies and departments more accountable for their actions.
Section 203 of the No FEAR Act specifically requires, not later than 180 days after the
end of each fiscal year, each Federal agency to submit to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, the Committee on
Governmental Affairs of the Senate, the Committee on Government Reform of the House
of Representatives, each committee of Congress with jurisdiction relating to the agency,
the Equal Employment Opportunity Commission, and the Attorney General an annual
report with specific information relating to each agency's Equal Employment
Opportunity (EEO) complaints activity. The Central Intelligence Agency (CIA or
Agency) fully endorses, and intends to comply with, the intent of the No FEAR Act and
in accordance submits its annual report for the fiscal years (FY) 2007 and 2006.
The CIA adheres to the provisions of Federal EEO laws and regulations to
provide equal opportunity in employment for all persons; to prohibit discrimination on
the basis of federally-protected categories�that is, age (40 and over), color, disability,
national origin, race, religion, sex, and reprisal for opposing employment discrimination
and/or for participating in the EEO process�and on the basis of other categories, such as
sexual orientation, marital status, status as a parent, and political affiliation as protected
by Executive Order or written Agency policy; and to promote the full realization of
EEO.'
Over the last several years, the Agency has had relatively few formal complaints,
which CIA leadership believes reflects the emphasis that CIA has placed on
EEO/Diversity policies and practices. In FY 2007, the Agency had 24 formal complaints
and 12 in FY 2006. Yet, even with the rise in 2007, the Agency is still well below the
industry average.2 It should be further noted that the Agency is pleased by this upward
swing given that it is likely the result of the intentional emphasis placed on the EEO
office as a critical resource in the success of the Agency's mission. Any officer, who is
1 The No FEAR Act is codified in the Merit Systems Protection Act (MSPA). Pursuant to 5 U.S.C. �
2302(a) (2) (C), the Agency is exempted from the MSPA. Nevertheless, the Agency is subject to certain
provisions of law specified in section 202 of the No Fear Act found under Section 2302(d) of the MSPA.
These include the Civil Rights Act of 1964, the Age Discrimination Act of 1967, the Fair Labor Standards
Act of 1938, the Rehabilitation Act of 1973, and all other applicable law, rule or regulation prohibiting
discrimination on the basis of marital status or political affiliation. The Agency, however, is not subject to
section 2302(b) whistleblower statutes based on its exemption.
2 Based on industry standards, less than 30 formal complaints per year is considered extremely low for any
mid to large size Federal agency.
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troubled by an issue of unfairness related to EEO, even if the issue is only one of
perception, cannot truly be focused on his or her mission until that issue is resolved.
Thus, it becomes crucial that officers feel empowered to be agents of change by bringing
both real and perceived EEO issues to the Agency's attention without fear of reprisal. It is
important to note that while the Agency's complaint numbers doubled there was not a
single finding of discrimination in 2007 or 2006.
The Agency attributes its great statistics to the fact that the Agency has made a
commitment from the highest level of management with regard to EEO and Diversity, to
include having two senior officers overseeing these important areas. The Director of
OEEO and the Special Assistant to the Director of CIA (DCIA) for Diversity Plans and
Programs (DPP) both report to the DCIA and serve as advisors on various senior�level
boards This allows the Agency's senior leadership to profit from expert EEO and
Diversity advice, which in turn minimizes the risk of implementing programs that are
discriminatory.
The CIA consistently has taken a pro-active approach with regard to identifying
and eliminating barriers that typically lead to EEO complaints. In FY 2007 and 2006, the
Agency implemented several programs that promoted workforce inclusiveness and
appreciation for cultural and individual differences. These programs included: No Fear
Training, Diversity Leadership Working Group, Diversity Learning Summit, Leadership
Development Program, the Diversity Leadership Speakers Series, Agency Mentoring
program, training for managers who supervise disabled employees, and engagement with
senior leadership by DPP and ()EEO staffs on various EEO and Diversity programs.
The Agency also believes that early intervention has played a significant role in
the Agency's EEO success. For several years the Agency has instituted a policy of
"Advice Onlys." This is an opportunity for an employee to seek advice from the ()EEO
staff without officially being in the EEO process. Employees are clearly notified that
"Advice Onlys" do not trigger the official EEO process and therefore do not stop the 45
day time requirement to contact an EEO counselor required by the Equal Employment
Opportunity Commission (EEOC). Employees must complete an "Intent to Begin
Processing" form to officially enter the EEO process. The concept of "Advice Onlys" has
prompted employees to seek EEO advice sooner, which places the employee in a better
position to favorably resolve a case without it reaching the formal complaint stage. In
addition, the training that CIA provides to management has resulted in managers seeking
()EEO guidance issues rather than making uneducated and rash decisions. Again, this
type of interaction with management places the CIA in a better position to avoid issues
that lead to litigation.
For those employees who have filed a formal complaint, the CIA OEEO has
worked hard to ensure that their complaints are handled expeditiously. In FY 2007 and
2006, there were no complaints that exceeded required time frames for counseling and
investigations.
2
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Sex, reprisal and disability were the leading bases for the CIA's EEO complaints
in 2007 and 2006. The Agency is closely monitoring sex cases as they increased from 6
in 2006 to 11 in 2007. The Agency believes that the newly created Leadership
Development Program will provide more resources to better identify management,
training, and promotional issues that face women and minorities. The Agency is also
developing an initiative to provide an EEO check-up to newly promoted GS-13 officers
as another tool to help identify where women, and minorities, may be disengaging from
leadership and growth opportunities. The Agency is also monitoring reprisal cases as
they increased from 3 in FY 2006 to 7 in FY 2007. In addition to emphasizing and
advertising EEO programs, the Agency is also initiating a program where senior officers
will participate in a mandatory strategy session on ways to eliminate the perception of
reprisal that some officers hold. All of these initiatives are aimed at having a more
educated workforce on EEO/Diversity issues, which will help the Agency continue its
success in having no findings of discrimination.
For FY 2007 and 2006, there were no employees that were disciplined based upon
a finding of discrimination resulting from an EEO complaint. The Agency, however, does
have a Zero Tolerance Harassment policy. This policy is intended to hold employees to a
higher standard than required by law. Thus, the Agency has disciplined employees for
violating the CIA's Zero Tolerance Policy. In FY 2007, 5 employees were disciplined
and 8 employees in FY 2006. The discipline ranged from oral warnings to letters of
reprimand. It is Agency policy for management to consult with CIA �EEO on such cases
to ensure equitable and consistent treatment across the Agency.
For FY 2007 and FY 2006, there were no judgments that the Agency paid as a
result of a finding of discrimination. For FY 2007, there were no monetary settlements.
In FY 2006, the Agency had 3 settlements
The CIA takes seriously its responsibility to provide a workplace that is free from
discrimination and harassment and will continue to seek ways to improve in the area of
EEO and diversity.
Michael J. More11
3
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Complaint Activity
Comparative Data
Previous Fiscal Year Data
2003
2004
2005
2006
2007
Number of Complaints Filed
13
14
21
12
24
Number of Complainants
12
14
21
11
23
Repeat Filers
1
0
0
1
2
Complaints by Basis
Comparative Data
Previous Fiscal Year Data
Note: Complaints can be
filed alleging multiple
bases. The sum of the
bases may not equal total
complaints filed.
2003
2004
2005
2006
2007
Race
19
10
7
2
5
Color
0
1
1
0
1
Religion
0
2
2
1
3
Reprisal
20
6
5
3
7
Sex
20
15
12
6
11
National Origin
4
4
1
1
4
Equal Pay Act
0
0
0
0
0
Age
27
12
5
4
4
Disability
2
0
1
6
7
Non-EEO
0
0
0
0
0
Complaints by Issue
Comparative Data
Previous Fiscal Year Data
Note: Complaints can be
filed alleging multiple
issues. The sum of the
issues may not equal
total complaints filed.
2003
2004
2005
2006
2007
Appointment/Hire
3
. 5
1
4
0
Assignment of Duties
1
3
4
1
9
Awards
0
0
1
1
2
Conversion to Full-time
0
0
0
0
0
Disciplinary Action
Demotion
� 2
0
0
0
0
Reprimand �
1
7
2
1
0
Removal
1
0
0
0
1
Suspension
0
1
0
0
0
Other
0
0
1
0
1
Duty Hours
1
0
0
0
0
Evaluation Appraisal
1
1
2
0
3
Examination/Test
0
0
0
0
0
Harassment
Non-Sexual
7
7
4
9
7
Sexual
0
0
2
1
2
Medical Examination
0
0
0
0
0
Pay (Including Overtime)
0
0
0
0
1
Promotion/Non-Selection
4
4
7
6
8
Reassignment
Denied
1
0
1
1
3
Directed
0
0
1
0
1
Reasonable Accommodation
0
0
0
0
1
Reinstatement
0
0
0
0
0
Retirement
0
0
0
0
0
Termination
0
3
2
0
1
Terms/Conditions of
Employment
3
11
2
0
Time and Attendance
0
0
0
0
1
Training
2
1
1
2
2
Other
0
4
3
2
0
Processing Time
Comparative Data
Previous Fiscal Year Data
2003
2004
2005
2006
2007
Complaints pending during
fiscal year
.,.
Average number of days
in investigation stage
153
71
112
145
173
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Complaint pending during
fiscal year where hearing was
re � uested
Average number of days
in investigation stage
Complaint pending during
fiscal year where hearing was
not requested
Average number of days
in investigation stage
950
250
826
259
758
897
657
396
'
296
183
Complaints Dismissed by
Agency
� Comparative Data
Previous Fiscal Year Data
2003
2004
2005.
2006
2007
Total Complaints Dismissed
by Aaencv .
4
8
5
4
3
Average days pending prior
to dismissal
34
59
31
63
17
Complaints Withdrawn by
Complainants
Total Complaints Withdrawn
by Complainants
1
0
1
2
3
Pending Complaints Filed
in Previous Fiscal Years
by Status
Comparative Data
Previous Fiscal Year Data
2003
2004
2005
2006
2007
Total complaints from
Previous Fiscal Years
18
12
9
4
3
Total Complainants
14
10
8
4
19
Number complaints pending
Investigation 0
0
0
6
12
Hearing
18
12
7
3
6
Final Action
' 0
0
0
2
1
Appeal with EEOC Office
of Federal Operations
0
0
2
0
1
Complaint Investigations
Comparative Data
Previous Fiscal Year Data
2003
2004
2005
2006
2007
Pending Complaints Where
Investigations Exceeds
Reauired Time Frames
3
1
4
3
0
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_Approved for Release: 2022/03/31 C06803274
.AL CL/LEVAL CUU/AL CIVIrLOT IVICO1 I urrum I UM I
ISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency
REPORTING PERIOD: FY 2007
PART I - PRE-COMPLAINT COUNSELING
EEO COUNSELOR
A TOTAL COMPLETED/ENDED COUNSELINGS
COUNSELING INDIVIDUALS
30 28
1. COUNSELED WITHIN 30 DAYS
16
14
2. COUNSELED WITHIN 31 TQ 90 DAYS
14
14
a. COUNSELED WITHIN WRITTEN EXTENSION
PERIOD NO LONGER THAN 60 DAYS
12
12
b COUNSELED WITHIN 90 DAYS WHERE
INDIVIDUAL PARTICIPATED IN ADR
2
2
C, COUNSELED WITHIN 31-90 DAYS THAT WERE UNTIMELY
0
0
3. COUNSELED BEYOND 90 DAYS
0
0
4. COUNSELED DUE TO REMANDS
0
0
ADR INTAKE OFFICER
B. TOTAL COMPLETED/ENDED COUNSELINGS
COUNSELING INDIVIDUALS
0
0
1. COUNSELED WITHIN 30 DAYS
0
0
2. COUNSELED WITHIN 31 TO 90 DAYS
0
0
a. COUNSELED WITHIN WRITTEN EXTENSION
PERIOD NO LONGER THAN 60 DAYS
0
0
b. COUNSELED WITHIN 90 DAYS WHERE
INDIVIDUAL PARTICIPATED IN ADR
0
0
C. COUNSELED WITHIN 31.90 DAYS THAl WERE UNTIMELY
0
0
3. COUNSELED BEYOND 90 DAYS
0
4 COUNSELED DUE TO REMANDS
0
0
COMBINED TOTAL
C. TOTAL COMPLETED/ENDED COUNSELINGS
COUNSELINGS
INDIVIDUALS
30
28
1. COUNSELED WITHIN 30 DAYS
16
14
2. COUNSELED WITHIN 31 TO 90 DAYS
14
14
a. COUNSELED WITHIN WRITTEN EXTENSION
PERIOD NO LONGER THAN 60 DAYS
12
12
b. COUNSELED WITHIN 90 DAYS WHERE
INDIVIDUAL PARTICIPATED IN ADR
2
2
C. COUNSELED WITHIN 31-90 DAYS THAT WERE UNTIMELY
0
3. COUNSELED BEYOND 90 DAYS
4. COUNSELED DUE TO REMANDS
0
D. COUNSELING ACTIVITIES
COUNSELINGS
INDIVIDUALS
1. ON HAND AT THE BEGINNING OF THE
REPORTING PERIOD
0
0
2. INITIATED DURING THE REPORTING PERIOD
36
34
3. COMPLETED/ENDED COUNSELINGS
30
28
a. SETTLEMENTS (MONETARY AND
NON-MONETARY) .
0
0
b. WITHDRAWALS/NO COMPLAINT FILED �
6
4
C. COUNSELINGS COMPLETED/ENDED IN
REPORTING PERIOD THAT RESULTED
IN COMPLAINT FILINGS IN REPORTING'
PERIOD
22
22
d. DECISION TO FILE COMPLAINT PENDING
AT THE END OF THE REPORTING PERIOD
2
2
4. COUNSELINGS PENDING AT THE END OF THE
REPORTING PERIOD
6
6
EEOC FORM .162 (REVISED MAY 7007I
Printed on 11/29/2007
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1
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intenigence Agency REPORTING PERIOD: FY 2007
PART H - FORMAL COMPLAINT ACTIVITIE5.
PART III - AGENCY RESOURCES, TRAINING, REPORTING LINE
11
A. COMPLAINTS ON HAND AT THE BEGINNING
A. AGENCY & CONTRACT RESOURCES
24
OF THE REPORTING PERIOD
B. COMPLAINTS FILED
a
s4lL
:..
,R, � ,_
AGENCY
CONTRACT
NUMBER
PERCENT
NUMBER
PERCEN7
1. WORK FORCE
VIONSC
2
C. REMANDS
a. TOTAL WORK FORCE
0
. b. PERMANENT EMPLOYEES
0
.
2
C.1. REMANDS (NOT INCLUDED IN A. OR B.)
2. COUNSELOR
0
WW1
0
C.2. REMANDS (INCLUDED IN A. OR B.)
a. FULL-TIME
0
0.00
0
0.00
37
D. TOTAL COMPLAINTS
b. PART-TIME
0
0.00
0
t
0.00
c. COLLATERAL DUTY
0
0.00
o
0.00
37
E. COMPLAINTS IN LINE D THAT WERE NOT CONSOLIDATED
3. INVESTIGATOR
0
VtiMtt
1
16
F. COMPLAINTS IN LINE E CLOSED DURING REPORT PERIOD
' a. FULL-TIME
0
0.00
0
0.00
b. PART-TIME
0
0.00
1
100.00
0
.
G. COMPLAINTS IN LINE D THAT WERE CONSOLIDATED
c. COLLATERAL DUTY
0
0.00
o
0.00
0
H. COMPLAINTS IN LINE G CLOSED DURING REPORT PERIOD
4. COUNSELOFUINVESTIGATOR
7
'
o
a. FULL-TIME
7
100.00
.0
0.00
21
. -
I. COMPLAINTS ON HAND AT THE END OF THE
b. PART-TIME
0
0.00
0
000
c. COLLATERAL DUTY
0
0.00
0
0.00
�
REPORTING PERIOC (Line D - (sum of Lines F-.11))
J. INDIVIDUALS FILING COMPLAINTS
B. AGENCY & CONTRACT STAFF TRAINING
'
.., ,
COUNSELORS
INVESTIGATORS
COUNS/INVESTIG
0
K. NUMBER OF JOINT PROCESSING UNITS FROM
AGENCY
CON7RACT
AGENCY
CONTRACT
AGENCY
CONIRAC1
1. NEW STAFF -TOTAL
0
0
0
0
0
0
CONSOLIDATION OF COMPLAINTS
.
'
a. STAFF RECEIVING REQUIRED
32 OR MORE HOURS
0
0
0
0
0
0
b. STAFF RECEIVING 8 OR MORE
HOURS. USUALLY GIVEN TO
' EXPERIENCED STAFF
0
0
0
0
0
0
c. STAFF RECEIVING NO
TRAINING AT ALL
0
0
0
0
0
0
2. EXPERIENCED STAFF - TOTAL
0
o
0
1
7
0
a. STAFF RECEIVING REQUIRED
8 OR MORE HOURS
0
0
0
'I
I
0
b. STAFF RECEIVING 32 OR
MORE HOURS. GENERALLY
GIVEN TO NEW STAFF
0
0
0
0
0
o
c. STAFF RECEIVING NO
TRAINING AT ALL
0
0
0
U
U
0
C. REPORTING LINE . �
.
'':."...A.4.t.i ..P�Y44-. , 4...w, ..^,
(b)(3)
(b)(6) �
1. DOES THE EEO DIRECTOR REPORT
TO THE AGENCY HEAD?
YES
NO
X
2. IF NO, WHO DOES THE EEO DIRECTOR REPORT TO?
PERSON:
..;t.,414.i0111... -
TITLE:
3.
PERSON:
TITLE:
WHO IS RESPONSIBLE FOR THE DAY-TO-DAY
PROGRAM IN YOUR DEPARTMENT/AGENCY/ORGANIZATION?
OPERATION OF THE EEO
,
Director
4 WHO DOES THAT PERSON REPORT TO?
PERSON: Michael V. Hayden
TITLE: Director of CIA
EEOC FORM 462 (REVISED MAY 2007)
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Approved for Release: 2022/03/31 C06803274
170V 2
NMI 111111 NM NMI NEI Ell NE 11111 NIS all MN 111111 NMI MINI Ell 11111
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007
PART IV - BASES AND ISSUES ALLEGED IN COMPLAINTS FILED
ISSUES OF
ALLEGED
DISCRIMINATION
BASES OF ALLEGED DISCRIMINATION
RACE
COLOR
RELIGION
REPRISAL
SEX
NATIONAL ORIGIN
EOUAL
PAY ACT
AGE
DISABILITY
TOTAL
BASES
BY ISSUE
TOTAL
COMPLAINTS
BY ISSUE
TOTAL
CrIAIRLANANTS
BY ISSUE
AMER. INDIAN.
ALASKAN
71�550
ASIAN
rAcmc
ISLANDER
SLACK
WtItTE
MALE
FINALE
DISPANI,
011ICR
MALE
FEMALk.
MEN rAL
Prtvsurm.
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0
0
0
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0
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0
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0
0
0
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0
1
1
0
0
3
0
1
2
1
1
1
0
2
13
9
8
C AWAROS
0
0
0
0
0
0
1
0
1
1
0
1
0
0
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2
2
0 ',AR:VERSION To FULL TImv.
0
0
0
0
0
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0
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0
0
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0
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h. INSCIPITNART Arnnm
0
0
0
0
0
0
0
0
0
0
0
I
1
0
2
1
1
I III MOTION
0
0
0
0
0
o
o
o
o
o
o
0
0
0
0
0
0
Z. REPRIMANII
0
0
0
0
0
0
0
0
0
0
0
,
0
0
0
0
0
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1 SIISPLNSION
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0
0
0
0
0
0
0
0
n
0
0
0
0
0
0 :
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0
0
0
0
0
0
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0
0
1
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1
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1
0
1
0
0
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3
3
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0
0
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0
0
0
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0
0
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0
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0
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0
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0
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0
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10
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13
8
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0
0
12
4
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1
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0
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7
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:7,7.; ,7";I � ... ,.
EEOG FORM 462 (REVISED MAY 2007)
0494 3
Approved for Release: 2022/03/31 CO6803274
Approved for Release: 2022/03/31 C06803274
1
1
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007
PART V - SUMMARY OF CLOSURES BY STATUTE
A. STATUTE (IF A SINGLE COMPLAINT HAS MULTIPLE STATUTES RECORD EACH ON THE
14 1. TITLE VII .
APPROPRIATE LINE.)
COMPLAINTS CLOSED.
2 2. AGE DISRIMINATION IN EMPLOYMENT ACT (ADEA)
2 3. REHABILITATION ACT
0 4. EQUAL PAY ACT (EPA)
B. TOTAL BY STATUTES
18 THIS NUMBER MAY BE LARGER THAN THE TOTAL NUMBER OF
(A1+A2+A3+A4)
� PART VI - SUMMARY OF CLOSURES BY CATEGORY
A. TOTAL NUMBER OF CLOSURES (1+2+3)
TOTAL
NUMBER
TOTAL
DAYS
AVERAGE,
DAYS
16
4413
275.81
1. WITHDRAWALS
3
238
79.33
a. NON-ADR WITHDRAWALS
3
238
79.33
b. ADR WITHDRAWALS
0
0
0.00
2. SETTLEMENTS
0
0
0.00
a. NON-ADR SETTLEMENTS �
0
0
0.00
b. ADR SETTLEMENTS
0
0
0.00
� , 3. FINAL AGENCY DECISIONS ( B+C )
13
4175
321.15
B. FINAL AGENCY DECISIONS WITHOUT AN ADMINISTRATIVE JUDGE DECISION . (1+2+3)
12
3045
,
1. FINDING DISCRIMINATION
0
0
0.00
2. FINDING NO DISCRIMINATION
9
2994
332.67
3. DISMISSAL OF COMPLAINTS
3
51
17.00
C. FINAL AGENCY ACTIONS WITH AN ADMINISTRATIVE JUDGE (AJ) DECISION (1+2)
1
1130
:.
,
1. AJ DECISION FULLY IMPLEMENTED (a+b)
1
1130
(a) FINDING DISCRIMINATION
� 0
0
0.00
(b) FINDING NO DISCRIMINATION
1
. 1130
1130.00
(c) DISMISSAL OF COMPLAINTS
0
0
0.00
2. AJ DECISION NOT FULLY IMPLEMENTED . (a+b+c)
0
0
11111111
0.00
(a) FINDING DISCRIMINATION (i+ii+iii)
0
0
I. AGENCY APPEALED FINDING BUT NOT REMEDY �
0
0
0.00
ii. AGENCY APPEALED REMEDY BUT NOT FINDING
� 0
0
0.00
iii. AGENCY APPEALED BOTH FINDING AND REMEDY .
0
0
0.00
(b) FINDING NO DISCRIMINATION
0
0
0.00
(c) DISMISSAL OF COMPLAINTS
0
0
0.00
EEOC FORM 462 (REVISED MAY 2007)
page 4
Printed on 11/29/2007
Approved for Release: 2022/03/31 C06803274
Approved for Release: 2022/03/31 C06803274
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007
PART VI - SUMMARY OF CLOSURES BY CATEGORY (Continued)
TOTAL
TOTAL
AVERAGE
NUMBER
DAYS
DAYS
D. FINAL AGENCY MERIT DECISIONS (FAD) ISSUED (1+2+3)
9
361
40.11
1. COMPLAINANT REQUESTED IMMEDIATE FAD (1a+lb)
7
305
43.57
a. AGENCY ISSUED FAD WTHIN 60 DAYS OF RECEIPT OF FAD REQUEST
7
305
43.57
b.AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND RECEIPT OF FAD REQUEST '
0
0
0.00
2. COMPLAINANT DID NOT ELECT HEARING OR FAD (2a+2b)
2
56
28.00
a. AGENCY ISSUED FAD WITHIN 60 DAYS OF END OF 30-DAY ELECTION PERIOD
2
56
28.00
b. AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND END OF 30-DAY ELECTION PERIOD
0
0
0.00
3. HEARING REQUESTED; AJ RETURNED CASE TO AGENCY FOR FAD WITHOUT AJ DECISION (3a+3b)
0
0
0.00
a. AGENCY ISSUED FAD WITHIN 60 DAYS OF RECEIPT OF AJ RETURNED CASE FOR FAD ISSUANCE'
0
0 *
0.00
b. AGENCY ISSUED FAD MORE THAN 60 DAYS AFTER RECEIPT OF AJ RETURNED CASE FOR FAD ISSUANCE
0
0
0.00
PART VII - SUMMARY OF COMPLAINTS CLOSED WITH BENEFITS
DURING FORMAL COMPLAINT STAGE
A. TOTAL COMPLAINTS CLOSED WITH BENEFITS
0
B. CLOSURES WITH MONETARY BENEFITS TO COMPLAINANT
0
1. BACK PAY/FRONT PAY
0
2. LUMP SUM PAYMENT
0
3. COMPENSATORY DAMAGES
0
C. CLOSURES WITH ATTORNEY FEES AND COSTS
0
D. SUBTOTAL OF ALL MONETARY BENEFITS (B+C)
0
E. CLOSURES WITH NON-MONETARY BENEFITS
' 0 �
F. TYPES OF BENEFITS
NUMBER OF CLOSURES
IAITH MONETARY BENEFITS
1. HIRES
0
a. RETROACTIVE
0'
b. NON-RETROACTIVE
0
2. PROMOTIONS -
0
a. RETROACTIVE .
0
b. NON-RETROACTIVE
0
3: EXPUNGEMENTS
0
4., REASSIGNMENTS
0
Arke-MoVALS RESCINDEDVMISIV,M, 141111PAMKI" -.- " .
0 *--'"
a. REINSTATEMENT
0
b. VOLUNTARY RESIGNATION
* 0
6. ACCOMMODATIONS
0
7. TRAINING
0
8. APOLOGY
0
9. DISCIPLINARY ACTIONS
0
a. RESCINDED
0
b. MODIFIED
0
10. PERFORMANCE EVALUATION MODIFIED
0
11. LEAVE RESTORED
0
12. LUMP SUM PAYMENT .
0
13.
14.
EEOC FORM 462 (REVISED MAY 2007)
(b)(3)
rintea on
Approved for Release: 2022/03/31 C06803274
Approved for Release: 2022/03/31 C06803274
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION�COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007
PART VIII - SUMMARY OF PENDING COMPLAINTS BY CATEGORY
A. TOTAL COMPLAINTS PENDING (SAME AS PART II Line I)
(1+2+3+4)
NUMBER
PENDING
NUMBER
OF DAYS
AVERAGE
DAYS
NUMBER OF DAYS PENDING
FOR OLDEST CASE
19
3303
1. COMPLAINTS PENDING WRITTEN NOTIFICATION
0
0
0.00
0
2. COMPLAINTS PENDING IN INVESTIGATION
12
1778
_
148.17
251
3. COMPLAINTS PENDING IN HEARINGS
6
1515
252.50
� 630
4. COMPLAINTS PENDING A FINAL AGENCY DECISION
1
10
10.00
10
PART IX - SUMMARY OF INVESTIGATIONS COMPLETED
TOTAL
TOTAL DAYS
AVERAGE
A. INVESTIGATIONS COMPLETED DURING REPORTING PERIOD (1+3)
14
2632
188.00
1. INVESTIGATIONS COMPLETED BY AGENCY PERSONNEL (a+b+c)
11
2074
188.55
a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS
7
1188
169.71
b. INVESTIGATIONS COMPLETED IN 181 -360 DAYS
4
886
221.50
1. TIMELY COMPLETED INVESTIGATIONS
4
886
221.50
2. UNTIMELY COMPLETED INVESTIGATIONS
0
0
0.00'
c. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS
0
0
0.00
2. AGENCY INVESTIGATION COSTS 1
3. INVESTIGATIONS COMPLETED BY CONTRACTORS (a+b+c)
3
558
186.00
a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS
2
308
154.00
b. INVESTIGATIONS COMPLETED IN 181 - 360 DAYS
1
250
250.00
1. TIMELY COMPLETED'INVESTIGATIONS
1
250
250.00
2. UNTIMELY COMPLETED INVESTIGATIONS
0
0
0.00
C. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS
0
0
0.00
4. CONTRACTOR INVESTIGATION COSTS
�
;iitf.; itr*'� � ' "4:71.- ."-"c .' �
�
�
EEOC FORM 462 (REVISED MAY 2007)
page 6
Printed on 11/29/2007
Approved for Release: 2022/03/31 C06803274
Approved for Release: 2022/03/31 C06803274
7 ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY �
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
IREPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007
PART X - SUMMARY OF ADR PROGRAM ACTIVITIES
INFORMAL PHASE PRE-COMPLAINT)
COUNSELINGS
INDIVIDUALS
DAYS
AVERAGE DAYS
� . .
:1 ;NIA .r4MI.0.1k '.0-,10,itlflf:*.AP.k$ ';.,I;Mi,.. f.v I: ; ,c t.- ..
, ,
1.
a
x
B. ADR ACTIONS IN COMPLETED/ENDED COUNSELINGS
1. ADR OFFERED BY AGENCY
2. REJECTED BY COUNSELEE
3. REJECTED BY AGENCY (INCLUDES MANAGEMENT OFFICIALS)
4. TOTAL ACCEPTED INTO ADR PROGRAM
30
28
29
27
0
0
1
1
1
1
C. ADR RESOURCES USED IN COMPLETED/ENDED COUNSELINGS
1. INHOUSE
2. ANOTHER FEDERAL AGENCY ..
3. PRIVATE ORGANIZATIONS, (e.g., CONTRACTORS,
BAR ASSOCIATIONS, INDIVIDUAL VOLUNTEERS
OR COLLEGE/UNIVERSITY PERSONNEL)
4.
MULTIPLE RESOURCES USED (Please specify in a comment box)
5. FEDERAL EXECUTIVE BOARD
6.
7.
0
0
0
0
1
1
0
0
0
0
D. ADR TECHNIQUES USED IN COMPLETED/ENDED COUNSELINGS
1
1
5
5.00
1. MEDIATION
2. SETTLEMENT CONFERENCES
3.
EARLY NEUTRAL EVALUATIONS
4 FACTFINDING ,
5. FACILITATION
6 OMBUDSMAN
7. PEER REVIEW
8. MULTIPLE TECHNIQUES USED (Please specify in a comment box)
9.
. . . . ,
� . . . ,
10
11.
1
1
5
5.00
0
0 .
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
E. STATUS OF ADR CASES IN COMPLETED/ENDED COUNSELINGS
COUNSELINGS
INDIVIDUALS
DAYS
AVERAGE DAYS
1- ' TOTAL CLOSED '
a' SETTLEMENTS WITH BENEFITS (Monetary and Non-monetary)
b. NO FORMAL COMPLAINT FILED
C. NO RESOLUTION
d. NO ADR ATTEMPT
e. DECISION TO FILE COMPLAINT PENDING AT THE END OF THE
REPORTING PERIOD
1
. 1
5
5.00
0
0
0
0.00
0
0
0
0.00
1
1
5
5.00
0
0
0
0.00
0
0
0
0.00
, k. -svy ri ;f:P; fo..,,,*APsrketoi -1:r4.,,m. i0. 41.4M. ..
. -
SIM
MIR
EEOC FORM A62 (REVISED MAY 2007)
one
Printed on 11/29/2007
Approved for Release: 2022/03/31 C06803274
Approved for Release: 2022/03/31 C06803274
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH) .
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007
PART XI - SUMMARY OF ADR PROGRAM ACTIVITIES
� FORMAL PHASE
COMPLAINTS
COMPLAINANTS
DAYS
AVERAGE DAYS
.impFt,P;01,13V etitiNit:OREVtOVS REROXMOPERTO ' . i't t, -.
#41,,liz
tIJIs
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. .-- ,,, �
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a-
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,..
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..4
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B. ADR ACTIONS IN COMPLAINT CLOSURES
1 ADR OFFERED BY AGENCY
2. REJECTED BY COMPLAINANT
3. . REJECTED BY AGENCY (INCLUDES MANAGEMENT OFFICIALS)
4. TOTAL ACCEPTED INTO ADR PROGRAM
lif=aiZiMiti
4,17X7pattVAV
21
21
20
20
_
0
o
1
1
C. ADR RESOURCES USED IN COMPLAINT CLOSURES
1
1
1 INHOUSE
2. ANOTHER FEDERAL AGENCY
3. PRIVATE ORGANIZATIONS RA , (e.g., CONTRACTORS
BAR ASSOCIATIONS, INDIVIDUAL VOLUNTEERS
OR COLLEGE/UNIVERSITY PERSONNEL)
4. MULTIPLE RESOURCES USED (Please specify in a comment box)
5. FEDERAL EXECUTIVE BOARD
6.
7.
0
0
'IT .P -
i-c"9..
r
0
0
1
1
o
o
0
0
D. ADR TECHNIQUES USED IN COMPLAINT CLOSURES
1
1
12
12.00
1. MEDIATION
2. SETTLEMENT CONFERENCES
3. EARLY NEUTRAL EVALUATIONS
4. FACTFINDING
5. FACILITATION
6. OMBUDSMAN
7. MINI-TRIALS
8. PEER REVIEW
9. MULTIPLE TECHNIQUES USED (Please specity in a comment box)
10. .
11.
12.
1
1
12
12.00
0
0
0
0.00
n
0
0
0.00
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00 .
0
0
0
0.00
0
0
0
0.00
0
0
0
0.00
E. STATUS OF CASES IN COMPLAINT CLOSURES
COMPLAINTS
COMPLAINANTS
DAYS
AVERAGE DAYS
1. TOTAL CLOSED . .
a. SETTLEMENTS WITH BENEFITS wonecry a., No,...onetal)
b. WITHDRAWAL FROM EEO PROCESS
c.. NO RESOLUTION
d. NO ADR ATTEMPT
1
1
12
12.00
0
0
0
0.00
0
0
0
0.00
1
1
12
12.00
0
0
0
0.00
T4i-'1',77-ZP ,PENIINW-ROMAPAP40.$1615it.:MPTITtY,' i",,-:,,-
11,N1 , --'' ' gilmaik,.
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F. BENEFITS RECEIVED
COMPLAINTS
COMPLAINANTS
r'4'
#E
", .�`,,,,osi,,i5';4,
i
.�,0'-'4'
4
',..:. ial� ij5:0�e
1.
MONETARY (INSERT TOTAL) �
0
0
a. COMPENSATORY DAMAGES
0
0
b. BACKPAY/FRONTPAY
0
0
C. LUMP SUM
0
0
d. ATTORNEY FEES AND COSTS
0
0
e.
9.
2.
NON-MONETARY (INSERT TOTAL)
0
0
J
,
it
�.',,,,-.
a-. HIRES ..
0
0
L RETROACTIVE '
0
0
ii. NON-RETROACTIVE
0
0
b. PROMOTIONS
0
0
I. RETROACTIVE
o
o
ii. NON-RETROACTIVE
o
0
C. EXPUNGEMENTS .
0
o
esd A2t,
d. REASSIGNMENTS
0
o
e. REMOVALS RESCINDED
0
0
41 44����0?�
4 .440,
'A '
i. REINSTATEMENT
0
0
ii. VOLUNTARY RESIGNATION
0
o
L ACCOMMODATIONS
n
0
g. TRAINING '
n
0
h. APOLOGY
0
o
I . DISCIPLINARY ACTIONS
0
0
I . RESCINDED
o
o
' ii. MODIFIED
0 �
0
t,
j. PERFORMANCE EVALUATION MODIFIED
0
0
k. LEAVE RESTORED
o
0
if
rn.
EEOC CORM 462 (REV SE� xuxv 2007)
Printed on 11/29/2007
Approved for Release: 2022/03/31 C06803274
(.1r E.
Approved for Release: 2022/03/31 C06803274
ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS
(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)
AGENCY OR DEPARTMENT: Central Intelligence Agency REPORTING PERIOD: FY 2007
PART XII - SUMMARY OF ADR PROGRAM ACTIVITIES
EEO ADR TRAINING AND RESOURCES
A. BASIC ADR ORIENTATION TRAINING
NUMBER IN TOTAL WORKFORCE
CV.ALRATIVE TOTAL WO.AFORCF TRAINED
,
1.
MANAGERS
0
0
2.
EMPLOYEES
0
0
B. EMPLOYEES THAT CAN PARTICIPATE IN ADR
0
C. RESOURCES AVAILABLE FOR ADR
1. IN-HOUSE FULL TIME
2. IN-HOUSE PART TIME
3. IN-HOUSE COLLATERAL DUTY
4. CONTRACT
1
(b)(3)
0
0
0
,
1
D. ADR FUNDING SPENT
CERTIFICATION AND CONTACT INFORMATION
I certify that
Report of Discrimination
TYPED NAME
the EEO complaint data contained on this report, EEOC Form 462, Annual Federal Equal
Complaints, for the reporting period October 1, through September 30, are
Employment Opportunity Statistical
accurate and complete.
(b)(3)
of ()EEO (b)(6)
AND TITLE OF CERTIFYING OFF
Specialist
Director
SIGNATURE OF CERTIFYING OFFICIAL:
TYPED NAME AND TITLE OF PREPARER� Compliance
SIGNATURE OF PREPARER:
(b)(3)
(b)(6)
11/29/2007
DATE: TELEPHONE NUMBER.
E-MAIL:
This report is due to the following address on or before October 31st:
U.S. Equal Employment Opportunity Commission
Office of Federal Operations
Federal Sector Programs
1801 L Street, NW
Washington, DC 20507
EEOC FORM 462 (REVISED MAY MT)
Page 9
Printed on 11/29/2007
Approved for Release: 2022/03/31 C06803274
Approved for Release: 2022/03/31 C06803274
Appendix A - Comments
Part 8
CIA - VOL A.3 Pending Oldest Case -
Part 10
CIA - X.D Days - The 5 days represent the date offered ADR to when ADR completed.
(b)(3)
(b)(6)
Part 12
CIA - XII.A.1 Total Workforce - CIA does not report it workforce numbers
CIA - XII.0 In house staff resources - The EEO office does not have internal ADR officer. We use a contract officer that is the Ageny's Ombudsman for all disputes.
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(U) DISCIPLINE AND ACCOUNTABILITY
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(b)(3)
,
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Zero Tolerance � Central Intelligence Agency Page 1 of 2
Central Intelligence Agency
The Work of a Nation. The Center of Intelligence
!Search
Equal Employment Opportunity
Zero Tolerance of Harassment and
Discrimination at CIA
CIA Director Statement on Zero Tolerance of Harassment and Discrimination at CIA
CIA does not tolerate harassment or discrimination of any kind. Both Agency policy and Federal law
explicitly forbid harassment and discrimination and endorse equal employment opportunity
regardless of race, religion, color, sex, national origin, age, or disability. In addition, Executive
Order 11478, as amended, prohibits discrimination and harassment on the basis of sexual
orientation or status as a parent.
The law outlines our duty to treat each employee with identical standards of fairness and to offer
equal opportunity for advancement. This applies to all employment programs and processes as well
as management decisions that include recruiting, hiring, promotion, training, and career
development.
Our Agency has policies in place to ensure the quick and judicious handling of harassment
allegations brought to the attention of management or the Office of Equal Employment
Opportunity. As my predecessors did, I will hold supervisors and managers accountable for
enforcing our zero-tolerance policy.
Moreover, every employee has the right to due process as outlined by civil rights statutes.
Disciplinary action, including dismissal, may be applied to those who threaten or commit reprisals
against anyone reporting an instance of discrimination or harassment.
Harassment and hostile work environments not only run counter to the values we have pledged to
uphold, they are absolutely unproductive and undermine our effectiveness in pursuing CIA's
mission. That is why each of us shares the responsibility to keep such behavior out of our Agency.
Michael V. Hayden
General, USAF
Director
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Approved for Release: 2022/03/31 C06803274
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