CIVIL SERVICE REFORM ACT OF 1978 APPROACHES BY EXEMPTED AGENCIES NATIONAL SECURITY AGENCY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-01114R000300090053-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 12, 2016
• Document Release Date: November 6, 2001
• Sequence Number: 53
• Publication Date: May 24, 1979
• Content Type: PAPER

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24 May 1979
CIVIL SERVICE REFORM ACT OF 1978
APPROAMES BY EXE[vIPTED AGENCIES
NATIONAL SECURITY AGENCY
STATINTL
STATINTL
1.. Source of Information
Meeting and discussion at NSA on 24 May 1979 by STATINTL
DD/Pers-P&C (CIA) with Mr D/Pers, NSA; Mrs STATINTL
STATINTL
Deputy Director of Civilian Personnel, NSA; and Mr.
Personnel Officer, Civilian Personnel Office, NSA.
2. Summary
NSA, like CIA, is exempt from the major provisions of the Civil
Service Reform Act of 1978. NSA, however, requires new legislation for
the Director of NSA to institute any provisions of the CSRA from which
NSA is exempted or excluded under the Act. In this regard NSA has
initiated a legislative proposal to authorize the Director of NSA to
create a "Senior Cryptologic Executive Service" within NSA which would
be similar to the Senior Executive Service under the Civil Service
Reform Act.
Since passage of the Act in 1978, the Personnel Office, NSA has
kept abreast of the Office of Personnel Management's (OP~~i) literature
on the provisions of the Act and NSA personnel representatives have
actively participated in the conferences and workshops offered by OPM.
In addition, NSA has established a task group, composed of personnel
and line component managers to study the Senior Executive Service
approach and the development of a Performance Appraisal System tailored
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to support the specific requirements of a Senior Executive Service
within NSA. On the basis of these studies the Director of NSA decided
to initiate the legislative proposal to authorize NSA to institute a
"Senior Cryptologic Executive Service" within his agency.
The NSA bill is currently under review by the Office of`Abnagement
and Budget. OMB, however, has drafted a new bill which would propose
a "Senior Intelligence Executive Service" which would include authority
for the Directors of NSA, DIA and Central Intelligence Agency to
establish independent Senior Executive Service systems patterned after
the provisions of the Civil Service Reform Act program.
3. Other Considerations
The NSA representatives stated that at the present time at least,
NSA was concentrating their efforts as regards the CSRA only on the
adoption of a Senior Executive Service and it's companion Performance
Appraisal System.
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18 May 19 79
CIVII, SERVICE REFORM ACT OF 1978
APPROACHES BY EX1IPTED AGENCIES
'DEFENSE - INT LLIGENCE 'AGENCY
STATINTL
STATINTL
y 1979 by
with Mr
irector, Civilian Personnel? DIA; and
Tr.- S
i
A.._._.
pec
a
Civilian Personnel Division, DIA.
SOURCE OF INFORMATION: Meeting and discussion
Summary
Messrs. stated that their office (Civilian Personnel
Division, DIA) has been tasked with reviewing the CSRA and are
participating in the briefing sessions offered by OPM on the various
provisions of the Act. They stated, however, that since DIA, is a
subordinate element of the Department of Defense they (DIA) are subject
to DOD policy decisions relative to the CSRA. The following is a
sunary of the status of their views and/or actions to date:
A. Title I - Merit Principles
DIA is exempted under the Act from Title I but have no
problems with the substance of the "principles" and "prohibited acts"
since most of these are already incorporated into DIA regulations.
B. Title II - Civil Service Functions Performance Appraisal
Adverse Actions
DIA is exempted under the Act from the Performance Appraisal
provisions of Title II. At this time, DIA does not anticipate making any
changes to their current performance appraisal system. They expect,
however, that some rodificati.ons may be required to meet OPi's specifica-
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tions for the Merit Pay system for GS 13-15 supervisors and managers
(DIA is not exempt from this provision of law) and should DOD sponsor
legislation for adoption of some form of the Senior Executive Service
for DIA, modifications would be required to meet the special require-
ments of that program.
C.- Title III - Staffing
DIA is exempt from the SES provisions of the Act. They are
studying the SES and watching how other covered agencies are developing
their programs with the view to determine whether some form of
adaptation of the SES approach might be advantageous. DIA will require
new statutory authority to adopt an SES. system since their current
legislative authorities are insufficient. OMB has recently initiated
draft legislation which would provide NSA, DIA and CIA with the authority
to establish independent Senior Intelligence Executive Services.
E. Title V - Merit Pay for GS 13-15 Supervisors and Managers
DIA is not exempt from Title V provisions and are fully
covered under the Act. Under the Act covered agencies have until I
October 1981 to institute the Merit Pay system. At this time, DIA has
not developed their implementation plans but are monitoring how other
covered agencies are proceeding. An internal task force to study and
applicable to all Federal agencies.
D. Title IV - Senior Executive Service
appointment authority which permits recruitment of personnel without
regard to civil service competitive status. The dual pay limitations
applicable to certain retired military personnel under Title III are
The DIA representative confirmed that DIA has excepted
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develop a program is being considered and will include personnel
representatives and line managers. They are aware that certain
modifications to DIA's current performance appraisal system will have
to be instituted to meet the OPM requirements for the evaluation of
GS 13-15 supervisors and managers covered under the Merit Pay program.
F. Title VI - Research Programs and Demonstration Projects
DIA is excluded from this title. The DIA representatives had
no particular comments on its application.
G. Title VII - Federal Service Labor-Management Relations
DIA is not exempted from this title although they were
excluded under the previous Presidential Executive Order. DOD plans
to request an Executive Order to restore DIA's exemption from the Act.
H. Title VIII - Grade and Pay Retention
DIA is not exempted from this title and must comply with its
provisions.
I. Title IX - Miscellaneous
This title is the final title of the Reform Act and contains
miscellaneous provisions to clarify conformance with other segments of
the United States Code (Powers of the President, etc.).
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CIVIL SERVICE REFORM ACT OF 1978
. CIA's APPROACH
While certain provisions of the Civil Service Reform'Ac:t of-1978:_-
are applicable to all Executive Branch agencies, CIA is specifically
exempted from most major provisions of the Act.
The basis for CIA's request for these exemptions was based
primarily on the protection of intelligence sources and methods rather
than objections to the principles and concepts of the provisions of
the Act itself.
The Director of Central. Intelligence, under authorities contained
in the National Security Act of 1947 and the CIA Act of 1949, can elect
to adopt elements of the Act for application within CIA.
2. PROVISIONS OF THE ACT AND IMPLICATIONS FOR CIA
A. Title I - Merit System Principles and Prohibited Personnel
Practices
? Merit Principles
Provisions of Chapter 23, Title I, state that all agencies
(including exempt) should follow the merit principles with the proviso
that "no provision of this chapter shall be construed to impair the
authorities and responsibilities set forth in Section 102 of the
National Security Act of 1947 or the Central Intelligence.Agency Act
of 1949 . . .
The CSRA, merit principles are similar to current principles
contained in present CIA regulations.
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? Prohibited Personnel Practices
CIA is specifically exempted from statutory application
of the Prohibited Personnel Practices provisions of the Act. The
Agency's current internal regulations include essentially the same
prohibitions as cited under the Act.
Title II - Civil Service Functions
Performance Appraisal System.
Acv rse Actions
? Civil Service Functions
CIA can be affected under the "Civil Service Functions"
section of this title when "whistleblowers" make allegations of
wrongdoing to the Special Counsel of the Merit System Protection Board.
The :law requires that upon receipt of information involving foreign
intelligence or counterintelligence the Special Counsel shall transmit
such information to the House Permanent Select Committee on Intelligence
and the Senate Select Committee on Intelligence. If such allegations
involve CIA, it is assumed that the Congressional Intelligence
Committees would conduct investigations.
? Performance Appraisal and Adverse Actions
CIA is exempt from the Performance Appraisal and Adverse
Actions provisions of the Act.
CIA's current Performance Appraisal System meets the
requirements proposed under the Act for the general governmental system.
C. Title III - Staffi
? Dual Pay Limitations for Retired Members of the Uniformed
Vices
CIA is covered under this provision of the Act and is
applying the new rules.
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0 Minority Recruitment Program to Eliminate Underrepresentation
of Minorities wi in Grade Groups or Occupational Services
CIA is exempt under provisions of the Act but, will be
obligated to comply with the Equal Employment Opportunity Commission's
requirements in this regard if they use the EEO Act of 1972 as-their.
--statutory authority in CIA's case.,
Temporary Employment Limitation
CIA and all other Executive Branch agencies are covered
by this provision which limits the numbers of "on board" employees
on 30 September 1979, 1980 and 1981 not to exceed the number "on board"
as of 30 September 1977.
D. Title IV - Senior Executive Service
CIA is exempt from Title IV but is placing particular emphasis
on the study of the Senior Executive Service concept for possible
adaptation within CIA under the DCI's current statutory authority.
The CIA Office of Personnel has actively participated in
the meetings and workshops held by the Office of Personnel Management
(OPM) and has concluded that conceptually the principles and -theory of
the SES are sound and offer opportunities for improving the effectiveness
of CIA's Executive Management System.
As a consequerte of these studies the Agency has established
a "task group" composed of Office of Personnel representatives and line
component managers to undertake indepth.study of all facets of the SES
approach and the development of a program structure for DCI consideration.
Among the approaches under consideration is the possible
adoption of a basic program for senior managers and a parallel program
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for non-managerial senior analysts and operations officers.
The task group will also address the Agency's personnel
appraisal system to determine modifications that may be necessary to
establish a special performance appraisal system for SES participants.
E. Title V - Merit Pay for GS 13-15 Supervisors and Managers
CIA is exempt from Title V but has been studying the Merit
Pay concept and the possible advantages and disadvantages of adoption
of such an approach within CIA.
F. Title VI - Research, Demonstration and Other Projects
All Executive Branch agencies are free to voluntarily
participate in OPM projects under this Title.
G. Title VII -- Labor- tanagement Relations
CIA is exempt from Title VII.
H. Title VIII - Grade and Pay Retention
CIA is exempt from Title VIII.
I. Title IX - Miscellaneous
No applications to CIA.
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