LETTER TO LAWRENCE GARRETT, ESQ. FROM(Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300020009-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: October 23, 2003
• Sequence Number: 9
• Publication Date: December 10, 1979
• Content Type: LETTER

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CENTRAL IN l ELLIG ::.NCE AGENCY
OOC Has Reviewed
Lawrence Garrett, Esq.
Office of Personnel Management
Office of Government Ethics
1900 E Street N.W. Room 5315
Washington, D.C. 20415
Pursuant to the provisions of 18 U.S.C. 9 207(d) and
implementing regulations promulgated by the Office of Personnel
Management, enclosed is a list of. "Senior Employees" designated
by CIA. These designations have been, made after numerous
contacts with you and Mr. Davis of your Office and after a
review of all CIA positions for which the basic rate of pay
As eq-.ial to or greater than the basic rate of pay for GS-17..
This list is suitable for publication in the Federal Register.
The incumbents of positions not designated, accordingly, are
not subject to the provisions of 18 U.S.C. ? 207(b)(ii) and
(c).
As you are aware, CIA is exempted from the Classification
Act and has established its own pay system. The Agency
designations are provided in three distinct categories:
personnel paid under the Executive Salary Schedule; personnel
paid at rates established by CIA and comparable to that
schedule; and personnel whose positions involve significant
decision-making or supervisory responsibility and for which
the basic rate of pay is equal to or greater than.the basic
rate of pay for GS-17 of the General Schedule. I believe it
may well be argued that the second and third categories are
to some extent overlapping, at least insofar as CIA is
concerned. For example, a CIA employee in the third category
whose position warrants payment at a rate equal.to or greater
than the equivalent of GS-17 is actually paid at a rate
equivalent to Executive Level personnel (e.g., the incumbent
of a position equivalent to a GS-17 is paid the same as an
EP-5). Moreover, it was only through conversations with you
that we learned that the Act contemplates a distinction to
be made between those categories, since'OPM regulations,
section 737.25(a)(1), (2) and (b)(1) are entirely misleading
on this point, in that no mention is made of an automatic
designation of officials who receive pay comparable to that
received by Executive Level personnel. Accordingly, CIA had
intended to treat all incumbents of positions paid at an
equivalent to GS-17 or higher, including those paid at a
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rate comparable to Executive Level. positions, as Senior
Employees only if the criteria. of 18 U.S.C. 4 207(d)(2)
could be met. -While I do not intend to dispute your inter-
pretation, I believe that the uniqueness of the CIA pay
structure, the ambiguity of the statute, and the language of
the OPM regulations have reasonably. caused CIA employees
paid at an Executive Schedule equivalent to believe that
they could not automatically be designated Senior Employees.
In view of the resulting confusion, it is our position
that no CIA official listed in category II who left office
prior to December 15 should be designated as a Senior Employee
(neither of the two statutory Executive Level officials in
office on 1 July has left the Agency). Similarly, individuals
holding positions designated by this Agency and listed in
the enclosure at category III would not be deemed Senior
Employees if they leave Government service prior to 15 December,
in accordance with your guidance of 21 September.
If you have any questions or comments, lease contact
AT me or However, I
trust you will agree that incumbents of positions not listed
herein should be exempted, regardless of the concerns that
you have previously expressed to with respect to
the foregoing position.
Sincerely,
Deputy Genera Counsel
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DESIGNATION OF SENIOR EMPLOYEES
CENTRAL INTELLIGENCE AGENCY
[As of 1 December 1979]
I. Personnel`Paid Under the Executive Salary Schedule (as
of 1 July 1979)
Director of Central Intelligence
Deputy Director of Central Intelligence
II. Personnel Paid at Rates on a Scale, Comparable to the
Executive Schedule
General Counsel
Inspector General
Legislative Counsel
Deputy Director for Administration
Associate Deputy Director for Administration
Deputy Director for Operations
Associate Deputy Director for Operations
Deputy to the Director of Central Intelligence
for Resource Management
Associate Deputy to the Director of Central
Intelligence for Resource Management
Deputy to the Director of Central Intelligence
for Collection Tasking
Deputy to the Director of Central Intelligence
for National Foreign Assessment
Deputy Director of the National Foreign Assessment
Center
Chairman, National Intelligence Council
Special Assistant to the Director of Central
Intelligence (compartmentation)
Deputy Director for Science & Technology.
Associate Deputy Director for Science &
Technology
Director of Office of Medical Services
Director of Office of Economic Research
Other Designated Senior Employee Positions
Comptroller
Deputy Comptroller
Director, Office of Public Affairs
Deputy Legislative Counsel
Deputy General Counsel
Deputy Inspector General
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