(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000600130040-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 9, 2016
• Document Release Date: April 9, 2001
• Sequence Number: 40
• Content Type: REPORT

OGC Has Reviewed
Approved For Rase 2001/09/03 : CIA-RDP82-00357ROO0600130040-2
The CSC regulations on which the Counsel decisions are
based are contained in Federal Personnel Manual (FPM), Chapter 300,
Subchapter 8 and do not extend to employees of CIA. Agency employees
do not serve in competitive positions or in positions under the General
Schedule. Title 5 U.S.C., Section 2102 defines the "competitive
service" to include all appointive positions in the executive branch
except "positions which are specifically excepted from the competitive
service by or under statute." The Agency is specifically exempt from
the provision of the Classification Act of 1949 as it relates to the
classification of positions under the General Schedule and to pay rates
for positions under the General Schedule. CIA employees are appointed
under the authority of Section 8(a) of the CIA Act, which authorizes
expenditures for personal services notwithstanding "any other provisions
of law," and CIA positions are excluded from the competitive civil service.
With regard to Agency regulations, there is no provision for
procedures comparable to those in the FPM Chapter 300, Subchapter 8,
on which the Comptroller General decisions are based. While the CIA
regulations provide as a matter of policy that "assignments will
normally be made to a position at the employee's grade," they also
allow for assignment to a position of higher grade for training purposes
(the position affords the employee broader developmental opportunities)
or because the employee is the best qualified person available at that
time for the position. Moreover, it is significant in relation to this
subject, the Agency has never determined directly or by implication
from its practices, either prior or subsequent to the recent Comptroller
General decisions, that its regulation require temporary promotions
in the circumstances of your situation. As the Comptroller General
acknowledges in these decisions, the interpretation of regulations by
an agency charged with their administration is entitled to be given
great weight.
The propriety of CIA's assignment policies has been acknowledged
by the Comptroller General. In a decision dating back to December 1959
.(B140877), it was held that mere adoption of the principles of the
Classification Act in the Agency regulations, rules and actions does
not require in light of express exemption of CIA from the Act, and the
Agency's unique statutory authorities, that CIA follow 5 U.S.C. 38
(now 3341) which essentially limits details to 120 days. The Comptroller
General held that the employee's "qualifications were considered under
the regulations of the Agency and determined to be proper" and that
as the compensation received during the period was at the grade officially
held during the period, there was no basis for allowing a claim for the
additional compensation.
Accordingly, your claim is denied insofar as it is based on Comptroller
General decisions B183086 and B184990. If the above does not satisfy your
concern, please feel free to contact my office.
Approved For Release 2001/09/03 : CIA-RDP82-00357R000600130040-2