PROPOSED DEFINITION OF THE CIA CAREER SERVICE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01826R000500130004-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 18
• Document Creation Date: December 9, 2016
• Document Release Date: August 3, 2000
• Sequence Number: 4
• Publication Date: October 30, 1953
• Content Type: MEMO

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ecuai;Igaiaion
30 October 1953
PROPOSEP DEFIC4ITION OF TBE CTA CAREER SERVICE
A. As presently expressed in CIA
(note:
This is a ooneept of a Program not of a Service) and submitted as
an alternate proposal by the Legislative Task Force in its final
report, 9 October 1953. (This definition was approved by General
Smith: 13 June 1952 as basic to the Staff Study creating the CIA
Career Service Program.)
25X1
"identifies: develops uses: and effectively re-
ds individuals who have Ao Skills required b the
ency; motivates them toward rendering maximum service
to the Agency ; and eliminates from the service: in an
equitable manner: those who in spite Of the Program fail
erform as effective members of the Agency. The Career
Service Program includes all career employees (staff am-
loyees and staff agents) of the Agency whether on dtity
in headquarters or in the field."
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Securrt7 Tnformaion
30 October 1953
PROPOSED DEFINITICH OF THE CIA CAREER SERVICE
B. As proposed by the Legislative Task Force in its preliMV-
nary report, 13 August 19532 which was discussed by the CIA Career
Service Board at its meeting on 20 August 19530
"The career service is a group of dedicated poopleo
retail)* selected and eloselemetty tra ed., who accept an
Obligate:to devote themselves permane tly to the needs
ot s intelligence service of the U. S. Government in
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Securrti TriTormai on
30 October 1953
PROPOSFO EFINITION OF THE, giA CARrER SERVICE
C New proposal emboding essential elements of proposals
awl D.
The CIA Career Service is a group of specially
qualified individuals. who desire to devote themselves
permanently to the intelligence service Of the Uo So
'
Government and are willing to accept the obligations
of the Service. The progrnth of CIA Career Service is
open to all Staff employees and staff agents upon
selection by the CIA Selection Boardo
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1
1 (2) The security obligations tie our present regulations more
effectively into the statutory responsibility of the Director of Central Intel-
ligence to protect Intelligence sources and methods. The discussion in Tab A
Indicates that in fact most of the restrictions in this field are in effect but
statutory recognition would lend some strength. Further it would illustrate
the peculiar and unique situations in which a CIA careerist must expect to live
and conduct his personal life.
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT Restrictions and Obligations on CIA Careerists
1. PROBLEM:
Should similar restrictions and obligations be placed on CIA Career
employees and should there be statutory recognition of them?
Note: This paper represents the opinions, conclusions, and recommenda-
tions of ;717jority of the Task Force. While there has been substantial agree-
ment on some aspects, no single statement should be taken to represent the
views of all members of the Task Force.
2. FACTS BEARING ON THE PROBLEM:
a. As a matter of legal concept, employees Of Government agencies are
sUbject to the proper regulations of an agency on the theory that such regulation5
are part of their employment contract.
b. Employees of CIA are subject, in widely varying degrees, to an obliga-
tion to serve CIA at any place on an on-call basis as the needs of the service
dictate.
c. Today there is no obligation placed on an employee of CIA that he
will make a career of his service in the Agency. There are being secured, in
certain casea, statements of intent which may modify the above to the extent
that there is some kind of moral obligation created.
3. DISCUSSION:
a. The attached Tab A includes a listing of sample restrictions and
proposed obligations which are considered pertinent for policy decision and
possible inclusion in legislation.
(1) The matter of an individual assuming an obligation as 6 career-
ist to serve anywhere, any time, and for any type of duty, is one which goes to
the heart of the Career Service concept. The attached tab relates each principle
involved to the stated concept of the CIA Career Service.
alai&
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.2.
(3) The general statement concerning submission of resignations for
consideration by the DCI serves to foster the concePt of a careerist devoting him-
Self permanently to the needs of the intelligence service. The more detailed dis-
cussion also illustrates the useful by-product of this situation wherein a more
orderly system of considering resignations would save many potentially useful
assets to the service.
(4) The general restrictions relating to prohibitions on activities
while abroad 'are sUbitantially similar to some of those contained in the Foreign
Service Act of 1946. They are considered useful in :legislation only as 'a part of
the over-all picture. It is considered that offering restrictions of this type
could be extremely dangerous since hasty action in the Congress could impose an
impossible condition based on a particular Congressman's lack of knowledge of
the true nature of ptA activities.
b. The answer to the question of whether legislation is necessary will
depend on the definition of "necessary." In the context of whether or not CIA
would be Prevented by lack of legislation from performing its functions, the
ansVer would be "u0." If, however, in the context of whether in the long run
such legislation would assist in developing a highly qualified professional in-
telligence service thereby improvtag the end product--namely, intelligence--
then the allover would be "yes."
c. It is also agreed that to apply the "essential standard to each
item would result in a "no." However, by the same token if you applied the
question of essentiality to an individual brick in the wall of a house, the
answer again would be "no." It is believed, therefore, that this is a type of
situation where the entire Package must be considered. For this purpose we must
go beyond the subject of this study. If we are to bave Career Service leglilation,
obligations are an essential part of the picture and the various parts are mutually
supporting and dependent. The entire bill, establishing obligations, granting
benefits, and creating a concept of a long range career service fosters the
growth of tradition and "esprit de corps. To many, a "CIA Career Service Act
of 1954" would, be something tangible to which one could look in way of "what
does the Career Service Program mean to me?" The obligations part of such an
Act would make more clear to the various employees some of the obligations which ,
they in fact accept now. It can be argued on the other hand that these? obliga-
tions legally can be imposed by administrative action. Therefore, if the Agency
were to adept the principles as policy and put them into the regulatory system,
they would be as firmly binding as other conditions of employment.
d. If cIA believes that its Career Service should demand of its people
that they accept the above obligations, it should tell the Congress of the United
States what it expects of its people. This is particularly so if we request the
Congress to confer additional privileges which are :not availablesto thenorOal
Civil Service employee. In this manner we not only explain why the Agency
believes it needs such authorization but also clarify to the careerist himself
what is expected of him.
MOW
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, e'. The aet k of translating any specific restrictionsand obliga-
tions into proposed leiilation should be done With 1;a:int-Asking care. Such
language Should be cOmzietely responsive to what CIA determines 'it Should be
able to expect and demad of its career employees.' There will be noimieaiate'
adaltional costs. to CIVby virtue of the enactment of leislation on this subjectg.
, . . , .. , .
On the Contrary it Is believed statutory recognition of certain of these iiinciplea
eamwect *-4,c,k, the '0:thertiiiiiects of career legislation will In he 'ling, run saire '
cOSta. tnCh 'savings would come through decreased turnover and Consequently de-
, , ,
, ,
creased necessity for training other people.
4. CONCRS/Op:
a. Statutory recognition of Career Service lends dignity and substance
to the particular career service to which it relates, fostering a growth of tradi-
tion and esprit de corps."
' b. There shoUld be statutory recognition of the concept that obliga Gus
are placed on CIA career employees.
' ?
c. Statutory recognition of that concept should only be a part of an
over-all legislativeproposal on the subject of Career Service.
_ /
? ?
d, All CIA career employees should be subject to similar fundamental
obligations and each eiployee should be made aware of hisspecific obligations
e. Certaiel,otnthe specific obligations which could be accorded statutor
reeognition are set forth in Tab A.
f. Restricfions of the type included in Tab A shoUld not be Offered in
a legislative proposal, but should be studied carefully in order to be prepared
if appropriate agencies, including the Congress, demand precautionary provisions
in the Package bill.
5. BECOMMENDATIODS:
a. In view ,of the fact that there are cliff views on this general'
, ,4 .
sUbJect, it is urged that the CIA Career Service Boargive careful consideration
to the discussions ana conclusions with a view of arr-iving at its ownconclusions
or in the alternative the Board may wish to have this matter studied further.'
b. That the policy inherent in the conclusions be approved by the citi-
Career Service Bcara with the consideration of the neFeeiity or desirability'
of legislation on the subject.
c. That the CIA Career Service Board approve the conclusions and for-
ward to the DCI for approval.
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d. If the 44ve is accomplished and if it is determined that there is
to be a general Career Service Law, then:
(1) The Office of the General Counsel be directed to prepare
appropriate legislation.
(2) The Office of the Assistant Director (Personnel) be directed
to prepare appropriate justification.
f3) The Deputy-Director (Administration) be requested to assume
responsibility for action.
WNW
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TAB A
DISCUSSION OF SPECIFIC RESTRICTIONS AND OBLIGATIONS
1. At the recent meeting of the CIA Career Service Board there was con-
sidered the preliminary report of the Legislative Task Force, dated 13 August
1953. Prom the discussion it is believed we have to assume that the Career
Service Board adopted a concept of the CIA Career Service which was stated in.
the .preliminary report as follows:
."The Carper Service is a group of dedicated people, carefully
selected and extensively trained, who accept an obligation to devote
themselves Permanently to the needs of the intelligence service of
the U. S. Government in return for which they Would receive the satis-
faction of a job well done and such emoluments and benefits as are
appropriate to such a service including the expectancy of a permanent
career in CIA."
2. "A CIA Career Employee accepts the obligation to serve any place
in the world and at any time and, for any kind of duty as determined
by the needs of CIA."
This provision is responsive to the career concept quoted above that the Career
Service is A group of people who accept Obligations to devote themselves to the
_needs of the intelligence service.
a. This coneopt has the additional advantage of making it c.ler, that
CIA is applying one standard of obligations to its Career Service people. By
doing so there results a concept of one group of CIA career people as opposed to
two or more groups of specialists within CIA.
b. The application of A single standard of obligations to all career-
ists will create additional flexibility in the utilization of manpower. When
a need. arises for an individual at a particular spot, the determination Of What
individual will serve will be determined on the basis of the best valified pan
and the relative priorities of tasks, rather than the basis of availability and
the necessity for further determining what the individual's personal preferences'
might be. Geed administration, of course, would dictate that personal preferences
84 to poste of assignment be taken into consideration in determiningspecific
assignments.. However, the primary consideration at all times should and must
be the needs of the service.
c, In a:cOneept of this type, CIA at this time must take into account
the many employees who were brought on duty to fill :a specific departmental job
and who in many cases indicated in various personnel documents that they woUld
accept appointment only for duty in Washington. These persons could be considered
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TAB A
as being being exempt from:the,obligation of serving elsewhere in the world. In the
meantime, all incesting-Partonnel who desire to become dareeriste would be requested
to accept in full the obligations to be established by CIA. In similar manner,
it is contemplated there will be specific personnel situations or even small groups
, of People Who are brought into the Agency to fill specific short-term needs. While
tbaSS employees would. be afforded full benefits whichstaff employees at the present
time enjoy, they Wbuld not be considered either by themselves Or by the Agency as
careerists!: At the present time CIA regulations provide that all staff employees,
per se, are career employees. Obviously, the regulation does not reflect the
true situation. There are specific cases where individuals are. employed by CIA
while on leave of absence from private concerns with a-definite view in mind of
returning after a tend or service, for example, two years. Under the propesed
concept, be 'would enjoy the same staff-employee benefits, but there would be true
recognition that he was not a part of the career program. It is hoped that ex-
ceptions of this type would be relatively few, but sufficient flexibility should
be maintained in order to accommodate the needs of the Agency.
3. CIA employees are subject to duly authorized security regulations
relating to the responsibility of the Director of Central Intelligence
for protection of intelligence sources and methods from unauthorized
disclosure."
This too is responsive to the concept of a group of dedicated people accepting an
obligation to devote themselves to the needs of the intelligence service.
4. Such a prevision clearly tie's in our security regulations to the
statutory responsibility of the Director of Central Intelligence. That responsi-
bility of the be/ is set forth in Section 102(d)(3) of the National Security Act
of 1947. By so doing, there is gained some legal strength in the event of an
actual prosecution. Aside from these legal aspects, it does serve to give the
administrative regulations of the Agency pertaining to security, greater emphasis
and possibly greater legal coverage.
b. In connection with this particular provision there should be accorded
recognition of the present restrictions which actually do surround the average
employee of CIA which are not normally Present in any other Government agency.
Anonymity is the price many professionals must pay as a career employee of CIA.
The lawyer, the researcher, the analyst and others cannot as a matter of general
_privilege in common with their brethren, from time to time participate in meet-
ings of the various professional societies nor can they produce for publication
the cumulative restats of their life's work. There are additional restrictions on
the personal life of every CIA employee which touch the fields of corresponding
with friends securing credit, and after-hours vocations.
4. "The CIA Career employee contemplating departure from the service
shall be required to submit a resignation through channels prescribed
by the Director of Central Intelligence."
SOMMER'
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ABA
-3-
This provision relates to the concept of Career people devoting themselves
permanently to the needs of the intelligence services.- The wording of this pro-
vision as well as the intent is not that the individual should be restricted in
his freedom to resiga when he believes it necessary or desirable. It is the in-
tent of this .provision that it state an Objective of CIA establishing a Career
Service to which AS 'ioanY of the employees as possible Would devote their careers.
This provision regnix'es no legislation to put it into effect. Any legislative
expression Of the intent here would be confi%O. to a Statement of the objective
as indicated above.
a, The assertion of such a Principle in statute can go far toward
establishing a tradition of lifetime service in CIA. Any Career Service is
more than the words of the laws and regulations creating it. There are intangible
factors and traditions?coupled with the actuality of lifetime service which are
of great importance.
,
b. It is believed that this type of provision produces a very useful
by-product. In prederibing the channels for submitting resignations, the OCI
presumably would establish either a board or a central point. This would assist
the present machinery designed to insure orderly consideration of all resignations
from the service.
5. It has been suggested that in considering any over-all legislation
relating to Career Service, CIA should incorporate certain prohibitions
directed at activities of employees. The Foreign ServiceAct of 3.946
provides certain examples. After careful consideration on the subject .
of restrictions, it is believed that it would be undesirable to incorporate
in any Carder Service legislation suggestions for statutory restrictions.
The principal concern here is that such restrictions would quite possibly
)suggest others of a type which might seriously damage the Agency program.
Experience with the Congress indicates that situations of this type can
occur. However, it is believed that careful study be given to various
restrictions that might be suggested for inclusion in order that the Agency
might be prepared to accept those Which did not impair its functions.
Suggestions of such restrictions are listed below and have been taken from
.the Foreign Service Act and paraphrased to meet CIA purposes. Some of
them may net be well adapted or CIA, but in any eventthis group is not
advocating these particular examples since no serious discussions have
been given to the merit of the specific provisions.
"a. An officer or employee of CIA shall not wear any uniform except
such as may be authorized by law, or such as a military command may require
civilians to wear in a theater of military Operations, or as may be
authorized by the Director.
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b. An Officer or employee of CIA shall not ask nor, except as
authorized by the4birector? receive for himself or Any other persons,
any Presents emolument, pecuniary favor, office, or title from any
'foreign governmen . -
c. An officer or employee of C/A shall not transact or be interested
in any business nor engage for profit in any profession in the country to
which he is assigned abroad in his own name, or in the name of the Agency,
or its, other person, except as authorized by the Director.
d. An officer or employee of CIA shall not correspond in regard to
the public affairs of any foreign government eXeept with the proper offi-
cers of the United States or ad authorized by the Director.
e. An officOr or employee of CIA shall not recommend any person for
eMployment in any position of trust or profit under the government of a
country to which he Is assigned abroad except as authorized by the Director.
Z . In carrying out the provisions of this Act or any other Act relat-
ing to CIA, no po itical tast shall be required and none shall be taken into
consideration, nor shall there be any discrimination against any person on
account of race, creed: color, or sex."
6. The above would serve another useful purpose in fostering Career Service
concept.
: /".
. With the above obligations either on the statute books in a CIA
Career Service Act Or adopted as policy In Agency regulations great weight would
be given:to"the acceptance by an individual of those conditions. The individual
having Met very' strenuous qualifications and having satisfactorily completed a
Previsional period would tend to feel more seriously about the acceptance of
Obligations and having done so would also feel a great sense of accomplishment
and responsibility to fulfill his Obligations.
b. Pith resect to certain of the obligatibne, it Is true tnat'they
are not enforced by penalties in the nature of finanCial forfeitures. However
* in those particular situations it is not believed desirable that there should
be such penalties.
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raSCCSSION OF THE NECESSITY FOR,LEG/SLATION
1. It is true that many of the restrictions and obligations intact
exist. However, the application of these restrictions'and obligations is
different in various components of the Agency and within a single component
they' are applied in differing ways to various people, e.g. the obligation to
serve abroad is applied throughout the Agency is widely divergent ways. In
part., this is based On the fact that Many people were hired for departmental
jobs with no indication that overseas service would be involved. In other
situations the job functions themselves do not lend themselves to utilization
of individual services elsewhere but in the departmental area.
2. Since It is our desire to create and foster a: concept of unified CIA
Career Service, the uniform application of restriction's and obligations is
desirable insofar as possible. While to some extent this standard application
could be accomplished'administratively, it is believed that the statutory reqpire-
nett for the acceptance of obligations as a. condition precedent to acceptance as
a CIA Career gmPloyee lends dignity andstature to the Career Service concept.
,
. At the present time many employees of CIA hear about Career Service
but it is an Intangible thing apparently not affecting them personally. The
statutory recognition of obligations would be extremely meaningful to CIA em-
ployees, and would be something tangible to illustrate that there is in fact a
Career Service which extends both benefits and demands acceptance of responsi-
bilities.
3. With respect to any specific restriction or'dbligation, it is not
asserted that statutory authority is'required to place the provision in effect.
However, the same canbe said for any one brick in a house. No one brick is
essential but put together they establish a useful structure designed to serve
a specific purpose.
a. If the matter of restrictions and Obligations was the only item to
be considered, again it could not be asserted that legislitionwis essential.
However, if there is to be considered in any respect, legislation asking for
certain benefits or any type of Career Service legislation, it is believed
deairable that the obligations phase be included. /n'and of themselves, obliga-
tions support other parts of any proposed legislation for benefits and serve to
clarify the needlbr the otheritems. In short the restrictions and obligations
are apart of the justification for over-all legislation.
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TO: Director of Centre- Intel14r4enco
FROM: Legislative Taele. force
SUBJECT: Tenure, Job Security and Reduction in Force
10' PROBLEM: To deter:rine uhether adai?tional legislation i reaid
by the Agency with respect to establishing the tenure eeeelnetj
career employeer and to conductinF necessary reductione 5eco.
20 ASSUMPTICE's:
a. It is the Agency Ps objective to develop aea mcintain greup
:of dedicated Petiole -who are carefully Selected and eroeTeseiviely traiee?.
who desire* derote themselves permanently to the needs of the ell^-,Iligence
service of the U. S. Government, Who enjoy the satisfaction ,
,done? who look forwarito the emoluments and benefits apree.% o veeh
service, and who have the expectancy of a permanent career ir CIA.
b.-, Career emPloyees Of the Agency'vill not - affected by rr
ductions_in force until all practicable reductions have been eceeoliehed
among other categories of personneL,
iew of the Agencyls perecnnee actr
ode and sources is undertreole
d. The Director vould uee his autleori.tY under Set:It:lee 7.02(c) ?
the Natimal Security Act of 19117 to separate any o1Tp-.1.cyee lehen neoesea,,y
to avoid the risk of such outside reetew a WO'lld reveal inte''',1igonce ceL?
and methods,
30 FACTS BEARING O Ti7 PROnLETi:
size of certain career orgenizatione in te Federal et_
25)6A
'(for examp1 military zervices, rereign Service, and permanent civil eel-
employees) is periodioally established by legislotive liecteetf,oes.
bc, Agency Regulation
peragraoh 'stotee that'the s!
9f,t;h4,4,otreer staff (i.e., the CIA 'eareer staff) will be ,:..,7eteee.ined by the
long rangen4CdS'ef tfie Ageney rethee than by its more eeriabe teloorane
requirements."
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0 k
SertifziiatIozi
The Previsions 7steran Prefers!, _ ou and Its
enaentinv Procedures app tofporconne3. . of the Agency,,
- ?
I IV
0 4ector hal o.: ho:rity wider r1 ion 2 o e
.. 4 - -
Nation y Act of 191.!-- to separate any eltip_Loyes of. Taf5"-Agency'thon'
,V he determines that such acti .1 2s il. the national-interes- 0 ,
I
4.? DZCUSSIOil ?
enure" has a ci.-nqidered to menn 1oy? expe an
of a long terit career in the Agency? This expectancy should'he liMit
only
by the possibility of:
(1) 1esigntic- ea of the 1_ dtvidua.1-
(2) Failure or i-01r-le. part, of the individual to meet itgencY
quierieute for Per'formanc( r.londuct. security pi. heolth or V
0 _
tnecesse:c1,- reduction in force
The concept of tenure and :Jr.' zeitn0 _ty is incars t. frequent
fluctuations in the size of z- calmer groups since they depend in large
1 AK *I
part upon the extent to Via: L the civ.1 of that carao . PrO110 'conforms to
1 s,
the long range nee of the rgantnation at arT ,-, ,,,-.41 time.
I
Altlwagh the s,..s career brgani_za. ioi in the -Federal
struot?' , = . s?. - , - ----?....
s ometimes estabAeced ty legislatIve ao,Io-s suca ac5ion
-
requiresjigressional revi-,- G I. thz manpower plans find reel rements of
- , _
the organi*tion ...0$* .permit.-:' t%P: noRible introdubt3O-, of OolTtical cen-
siderati on s in suck' determi::: .,tidns ? Farther, sinel ,.4-.13r dtiiiilq - ili 'ttifi-
111a3dITIVA ligrit ati On Ontablie- i,1 Iii statute must be ef!'.ected lay 'aniendmerit
of thestatute the, hea.ds ' of such -career organi.wations' have ne - latitude
, ? .. 1
with respect to increasing '-'?-?.. statC-d limitation DiViout subMitting appro.-
priate
4jtficattgri for Cor',:reAsiOnal remiewo lite -Sndesirability of sub;
ittiig !?&y nnol.jei- pl a rInd rcoui rements toCoi-gr'ess uon an p?blie
V seem tc off, e.,,dvpritage which' mi,vht-be gained through'
--.,
ee is' Of statut(-,- ' ,1 , _ons on tae MI78 of the Agt4icios
. ?-
career V :(7 __
The aeney's VV tve of rctaird dencateacareer employees
dino be' aerie poli:., r, which would r1-e n ' iraVidhaTlacI:e
etiv . y
porsonal_interee,t n an P,gency'career,: fr lo would '-tObjeotive
rved. .2?
a'..f 0.
separations' Of .-... employees 'wore art-I:tit:it- '', 6F tilidriiiiii 0- -
ot4es1 *1,0:0Atp,r1? , ).. a cal..esr employee u-ilth he ALeriafTS of . advante.te-
..genty_and--tO-- Ind.lividua7.,, ' 'A's '&6411-16r7 '6;5 TErr.'A.-TilaTe' this - - '
at.) -
OA& 4, 6 e of at,'.: ? , great ix,per a
tance 'aS a zesion -to
a 'ia -re.,).ation,sh-' efores it should be :reached 'only after
1,-_3 recion of ar. ,c,--I,
,nent facts **h.' 'the Ager.- -"end - th-/-6 -
, . .,,
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individual concerned. The decieicn to terminate a career empqeyee sherlj
be made by a central authority established to make such decisions Or by the
Director. Under present Agency practce, this central authority is carted
out by the Director in the exercise of his authority under P.L. 253; :1.02()
and in cases within the scope of Exeeutive Oeder 10450, and in all other
cases by the Assistant Director (Personnel). All decisione to tered.nete
are made with consideration of the advice of appropriate egeney offIcLa7e,
d. It follwe that internal eontrol is neceseary to insure; et
the Agency level, that ell pertinent facts have bean impaetieLly ccnsievre.
before a decision to separate a career employee is made it has been argee
that such controls are restrictive and burdensome to operetire officials 'ey
requiring them to justify their separation proposals to el-e satisfectioe
a central Agency authority. Vonetheleas such controls are eseentiel in a
career service. It should not be 'easy" to separate a career employee:,
The Agency9s policies and procedures for the eeparatioe of emelevees have
been consolidated and recently coordinated throughout the egency, eithoueh
the right of veteran preference employees to appeal eeparatioae to the civil
Service Commission conflicts uith the generel prlIcipis exereeeed in
Assumption 2c above, experience indicate:3 that undesirable Cleclosure of
intelligence sources aid methods can be avoided through exercise of the
Directors special authority. (see Tab A)
e, The epecial statue accorded veteran preference employ es ie
reductions in force is in some conflict with a merit ccncept. (see Tb
f. It would be unsound for the Agency to propose legislation
amend the Veterans ereerence Act as it relates to rodection in force and
appeals for the follow :ng reasons:
(1) The limitations imposed by the ACt do not eeeireesly
interfere with Agency operations;
(2) It would be extremely difficult, if not imeeesibl
present justification ethich would eithstand Congresvional peblic
scrutiny without disclosule of clandeetine activities; and,
(3) It is improbable t4at any such reeueet wculei be VOIV1
received in view of current political coneiderations ae they 'ee ee-
pected to influence the Administratione the Congress and the puha-,
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filariTation
CONCLUtIONS:
au Legislative action to establish maximum limitations on the
size of the career staff is neither necessary nor desirable. Such limit-
ations should be administratively imposed by ths Director.
b. The Agency's Regulations governing separations are adevate
for all types of separations except reduction in force and do not require
additional legislation for effective implementation.
0. The Agency should not seek legislative exemption from the
Veterans preference Act, however the Agencyls Reguletions governing
separations should be extended to include procedures for reduction in
force in accordance with the requirements of the Veterans Preference Act.
6. RECOMMENDATIONS: It is recommended that:
a. The CIA Career Service Board approve the above conclusions
and secure DCI approval.
b. The Deputy Director (Administration) be requested to:
(1) Develop procedure -for reduction in force in accordance
with the requirements of the Veterans Preference Acto
(2) Prepare recommendations concerning the appropriate s ze
of the career staff for review by the CIA Career Service Board.
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0500130004-3
secunry Infor;ation
Outside Appeals
1. The Veterans Preference Act establishes the right of Agency
employees with veteran preference to appeal separation actions to the
Uo 5-0 Civil Service Commission, This right conflicts with the prjrciple
that external review of the Agencyes personnel activities is undeziraole.
Although the Directors special authority might be used to avoid the poe-
sibility of external review of all separation actions, it has been the
practice of the Director to employ this special authority only in thoee
cases involving sensiti,se information and in certain cases involvirg
personal misconduct or L':discretion? It appears that this preetiec hes
been satisfactory in avoding undesirable disclosure of infornatien
through employee appeals outside the Pgency
2. The Agency hal not yet used eeduction in force proceeeves es
prescribed by the Veterans Preference Act, although it has encounessed
reduction in force proelems, some of them severe, in certain urits,
Those separation cases which have offered the possibility of scpeA. to
the Civil Service Commiesion have involved consideratien only ef the
employeels performance in his position or his conduct. Appeal feca re
duction in force actions are not concerned solely with a particular
individual but may involve information concerning other emOsvces and a
range of Agency activities, Although selective use of the tirecte? s
special authority, as described above, would solve the outside appeal
problem in reduction in force actions, the citation of this authceity
might reflect unfavorably upon the individuel so separaeed, Noverthe?ess?
it would seem that the need to protect sensitive information must be
given primary consideration,
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41.11MWMOIN"?"'
Secuitity'birchSAtion
Reduction in Force
1. The seeeiel status accorded veteran preference employees in
reduction in force would be In one ccrflict with a merit system in
this Agency or in any other organization. However: it must be recog-
nived that veterans preference was given in recognition of the Wationgs
obligation to these indive,dells. It was not designed to further the
effectiveness of Governaent eporations. Briefly, the Veterans Preference
Act providee that individuel-; who have performed active military service
in certein emergency perioes and certain members of their immediate
families (widows, dependent lothere: or wives of seriously disabled
veterans) will be granted seecial consideratioe in reduction in force.
The rulings of the Civil Service Commicsion whic4 administers the Act
have the force of law end r-ne binding on CIA. This consideration extends
to a prohibition againct t.h,, retention of a non-veteran preference employee,
in any pouition for which the veturan preference employee is qualified,
unless it can be demonstreptce to the satisfaction of the Civil Service
Commission that, the retentice of the noneveteren is justified on the basis
of the "efficiency of the crevice".
2. Reduction in force eegeletions under the Veterans Preference Act
provide that ewleyese will :ompete for retention within groups estab 'eel
b the Agency in cos eoeraeac an or za ion factors as
The manner in which fEF-T,FECTRE-5131red
re e; on groups would be su)ject to review by the Civil Service Commission
in connection with its consiOereticn of individual appeals.
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CONFIDENTIAL