NOTES ON COMPETITIVE SERVICE EMPLOYMENT OPPORTUNITIES UNDER A SPECIAL EMPLOYMENT AUTHORITY FOR CIA EMPLOYEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000200040002-8
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: April 30, 2002
• Sequence Number: 2
• Publication Date: April 14, 1970
• Content Type: MF

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MEMORANDUM FOR: Chief, Plans and Analysis Division
SUBJECT Notes on Competitive Service Employment Opportunities
Under a Special Employment Authority for CIA Employees
1. Within this Agency, the subject of Personnel Interchange Agree-
ments has been discussed for the last 10 or 12 years as if such an agree-
ment would result in permitting an uncontrolled interchange of Federal
employees from an "excepted service" organization into "competitive service"
organizations (and vice versa). ,The thinking has been either on a one for
one basis (as a minimum) or, even worse, having the CSC direct this Agency
to accept an undetermined quota of personnel who may have been declared
"surplus" by other Federal agencies. Under this type of agreement there
is no interchange, per se, of employees between systems. Rather it is the
granting of non-competitive transfer rights-tio individuals to move to
organizations under the Civil Service MERIT system because the USCSC has
determined that axe agency's merit system is like the CSC's. Such transfers
must also be initiated by individuals (rather than by organizations)
personally seeking employment opportunities in an.organization under the
competitive Civil Service. Interestingly enough transfers of Civil Service
employees into the "excepted service" organizations have no legal or
competitive administrative barriers other than those an excepted agency
might establish as part of its own merit system. (In the Federal sector,
there are two general types of merit systems.` The largest and oldest
is the Civil Service competitive system -- covering 95?~ of all Federal
employees -- which operates under stringent legal and administrative safe-
gu&,rds established to guarantee equal employment opportunities for all US
citizens as well as some preferential initial employment treatment for
wartime veterans graduated according to whether the veterans were disabled`
or not. In order `to meet "emergency" or unusual program conditions arising
during wartime or other critical periods ~or sometimes for sound adminis-
trative considerations] , a number of agencies have been exempted or excepted
by the Congress or the USCSC from competitive service requirements. Even
in 1970, we find that there still are a small number of "excepted" agencies,
i.e., AEC, TVA, Panama Canal Company, Foreign Service, CIA, NSA, etc., which
still operate under fewer controls than competitive service organizations.
During the last 12 to 15 years, individual "excepted Service" agencies have
had to decide whether or not it would be beneficial to the organization
itself as well as to its employees if it negotiated a Personnel Interchange
Agreement with the USCSC in order to provide a simple, direct means for
their employees to enter the more rigidly controlled (at time of entry)
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competitive service.. During the past decade nearly every excepted
agency has decided affirmatively to secure this ,type of agreement. Most
have worked out a formal agreement directly with the USCSC while a few
have arranged for an Executive Order, especially in those cases where an
agency could not administratively meet USCSC requirements, for example,
the Foreign Service does not and would not agree to recognizing veterans
preference.
2. If after policy deliberations, Agency management would decide
that it would be worthwhile to seek a Personnel Interchange Agreement,
the only approach would be to seek an Executive Order on the basis that
because of the nature of the mission of this Agency, its merit system
has to differ from the CSC system. Such an approach would be above board
and officials of both the CSC and the BOB would be receptive to this
approach. Granted this approach is political but it addresses the problem
to the President, who has the authority to approve this request. At the
same tame it places the USCSC in a subordinate advisory role which would
be a much better arrangement for us since we already know that the CSC
does not have the authority to approve those Personnel Interchange Agree-
ments :for agencies which do not conform fully with competitive service
entrance requirements.
3 . ,What will havin?
CIA?
a Personnel Interchange Agreement do for the
a. It will provide a simple transfer agreement for current
(and former) employees to move from our "excepted service" positions
into "competitive service" positions for which they were qualified.
('Phe full significance of having this agreement would be appreciated
most if the Agency were to surplus a large number of individuals who
wished to continue working for the Government.) These inter-agency
personnel movements would be handled in the same manner as a transfer
of an individual moving from one competitive position to another,
without examination barriers. Certainly mature administrative and
personnel judgments will still have to be made as to the candidate's
qualifications, etc.
b. It will provide a means for Agency officers to leave the
Agency, for other Federal employment, when-they (or management)
decide it to be to their own best interests to do so.
c. From a progressive personnel management standpoint it should
be noted that if the Agency secures such an agreement, it would be ~~-ATINTL
first U.S. intelligence organization to have. done so.
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