A. POLICY AND OBJECTIVES

CIPMS shall operate as the single personnel management system for personnel described in and included under provisions of section G of this Chapter. The policy and goals of CIPMS are as follows:

1. CIPMS shall comply with the congressional intent of the Intelligence Authorization Act of FY 1987 by promoting greater comparability within the Federal Intelligence Community and be designing innovative personnel systems and practices to improve the acquisition, professional development, and long-term retention of a quality civilian work force within the Military Intelligence Community.

2. CIPMS shall uphold the merit system principles as set forth in Section 2301 of Title 5, U.S. Code, to include Equal Employment Opportunity and Affirmative Action.

3. CIPMS shall maximize the involvement of functional (Intelligence) management at all levels, in all aspects of the development, administration, evaluation, and further improvement of CIPMS. This involvement includes both the partnership between the Intelligence and Personnel Communities in the Departments in the administration of CIPMS, as well as the maximum delegation of approval authority for personnel actions to line management to optimally complement their increased responsibility under CIPMS.

4. CIPMS shall assure that employee rights are protected.

5. CIPMS shall permit management to fully use the compensation provisions of classification (basic pay), recruitment incentives, and performance recognition to establish varied and more competitive compensation options for their employees.

B. BACKGROUND

For several decades, the Central Intelligence Agency (ClA) and the National Security Agency (NSA) have benefited from personnel systems, based in law, that are exempt from much of the restrictive structure of the traditional competitive service system. This has enabled them to design more attractive and flexible career opportunities and to more effectively manage their intelligence work force. The Intelligence Authorization Act of FY 1985 granted similar authority to the Defense Intelligence Agency (DIA). This left the Intelligence functions of the Departments at a major disadvantage in terms of their ability to recruit and retain top quality career employees and to otherwise operate an effective civilian personnel management system. These disparities, coupled with increasing needs for highly technical and well-trained employees, created an untenable situation for the Military Departments. The Intelligence Authorization Act of FY 1987 authorized the development of a personnel system to provide greater comparability with the CIA, NSA, and DIA for the civilian intelligence personnel of the Departments. (See Appendix A.) That system is outlined in this Manual.

C. GENERAL PROVISIONS

The CIPMS design requires that there be comparability between Military Departments in all major features. In many areas, however, each Military Department may use its discretion in developing specific policies and procedures. Among the required common CIPMS provisions are the following:

1. Use of the CIPMS Primary Grading Standard for General Schedule (GS) positions, occupational guides, career paths and career ladders, grade bands or career levels, and dual career ladders.

2. Final classification decision authority for employee appeals within each respective Military Department. (See Chapter lI, section I for additional Office of the Secretary of Defense oversight responsibility.)

3. A single DoD system for pay and allowances that provides for special salary rates and overseas entitlements as well as unique recruitment incentives.

4. Nonapplicability of the GM pay system.

5. Direct appointing authority as delegated by the Secretary of Defense.

6. Use of Office of Personnel Management (OPM) qualification standards as guides only.

7. Management discretion in determining appropriate recruitment compensation.

8. Stringent standards of conduct and conditions of employment.

9. Performance-related pay management.

10. Special termination authority under 10 U.S.C. 1590(e).

11. A general framework for DoD-wide CIPMS program evaluation.

D. SUPERSESSION

For covered employees and positions, Title 10, U.S. Code, supersedes Title 5, U.S. Code and its implementing regulations primarily in three major areas of civilian personnel management: appointment including qualifications and veterans' preference; classification; and compensation. Title 10 also provides special termination authority to he used when Title 5 authorities are inappropriate due to national security considerations.

E. DELEGATION OF AUTHORITY

Title 10, U.S. Code grants authority to the Secretary of Defense for the development, management, evaluation, and modification of a civilian intelligence personnel management system without regard to any other law relating to the number, classification, or compensation of employees. This authority is further delegated in DoD Directive 1400.34 by the Secretary both within the Office of the Secretary of Defense (OSD) and to the Military Department Secretaries. The role of the Functional Chiefs of Intelligence. of the Military Departments has also been defined. The various authorities and responsibilities for the implementation and maintenance of the system may be redelegated by the Departmental Secretaries, as needed, unless specifically prohibited by this Manual.

F RESPONSIBILITIES

1. The Assistant Secretary of Defense (Force Management and Personnel) (ASD (FM&P)) shall: (a) In coordination with the Assistant Secretary of Defense (Command, Control, Communications and Intelligence), interpret legislation relating to CIPMS; (b) develop, approve, and publish DoD-level CIPMS policy, standards, and procedures; (c) establish and manage a CIPMS Advisory Group and appoint an Executive Secretary and Chair; (d)review supplemental Military Departmental regulations, policy issuances, and Department-wide standards for consistency and compliance with this Manual; (e) provide Congress with copies of approved regulations and policy issuances; and (f) publish DoD program evaluation reports.

2. The Assistant Secretary of Defense (Command, Control, Communications and Intelligence) (ASD (C3I)) shall: (a) determine and provide to the ASD (FM&P) intelligence mission goals and objectives for use in developing CIPMS policy and procedures; (b) coordinate, in conjunction with ASD (FM&P), on proposed and revised DoD-wide CIPMS regulations, policy issuances, and standards, as well as Military Department supplementation; © provide a representative to the CIPMS Advisory Group; (d) advise ASD (FM&P) on employee coverage under CIPMS; (e) assure program evaluation accordance with DoD Directive 501O.1O and l0 U.S.C. 1590; and (f) maintain liaison with Congressional Intelligence Committees.

3. Secretaries of the Military Departments shall: (a) develop supplemental regulations to satisfy specialized departmental needs; (b) implement and administer CIPMS; (c) use their discretion to either immediately include in CIPMS all employees meeting the criteria contained in section G below, or determine a phased schedule of implementation; (d)comply with the provisions of the Intelligence Career Development Program (ICDP); and (e) provide program evaluation data and other reports to OSD and the CIPMS Advisory Group, when requested. These authorities may be further delegated to the lowest practical level. Secretaries shall approve the nominations, from the heads of their Intelligence and Personnel functions, for membership on the CIPMS Advisory Group. Secretaries shall also terminate employees in actions taken under the new authority contained in 10 U.S.C. 1590(e). This termination authority may not be further delegated.

4. Functional Chiefs shall: (a) determine and provide to their Director of Civilian Personnel intelligence mission goals and objectives for use in developing CIPMS policy and procedures in their Military Departments; (b) coordinate on Military Departmental regulations, policy issuances, and standards of the CIPMS; and (c) participate in program evaluation in support of Military Departmental input to the DoD evaluation of the CIPMS. They may also be delegated authority by their Military Department's Secretary to implement and administer CIPMS.

5. CIPMS Advisory Group. A CIPMS Advisory Group shall be established to advise the ASD (FM&P) in the development, implementation, administration, evaluation, and further improvement to CIPMS. The CIPMS Advisory Group is comprised of representatives designated by ASD (FM&P), ASD (C3I), and members separately representing the Intelligence and Civilian Personnel functions of each of the Military Departments. The CIPMS Advisory Group shall: (a) review proposed DoD regulations, standards, and policy changes; (b) review proposed Military Departmental regulations, standards, and policy changes for consistency between Military Departments and compliance with DoD policy; (c) coordinate policy recommendations and other key actions among the Military Departments and with the Intelligence Agencies (CIA, NSA, and DIA, etc.) as needed; (d) recommend program evaluation concepts and methodology and review and analyze program evaluation data and reports; (e) recommend new or revised DoD policy to ASD (FM&P), and (f) monitor overall administration of the system. Representatives may be accompanied to meetings by technical advisors of their choosing. The Chair may establish ad hoc or standing working groups or task the Executive Secretary to perform or support any of these functions.

6. The Defense Intelligence Agency (DIA) shall provide support to the Military Departments by administering the Intelligence Career Development Program (ICDP). DIA shall also provide statistical data and other required support either to the CIPMS Advisory Group or ASD (C3I) in the execution of their program evaluation responsibilities.

7. The Executive Secretary to the CIPMS Advisory Group shall perform the duties and responsibilities determined by ASD (FM&P), ASD (C3I), and the Chair of the CIPMS Advisory Group.

G. COVERAGE

1. Criteria. The following Military Department civilian employees shall be covered by the CIPMS:

a. Organizational. All employees in commands and activities that have a primary intelligence mission.

b. Occupational. All employees engaged in intelligence and related work (requiring a significant degree of specialized intelligence knowledge, skills, and abilities) in nonintelligence commands; and activities.

2. Discretionary. Other employees in direct support of intelligence functions located within nonintelligence commands and activities may be covered by CIPMS at the discretion of each Military Department Secretary.

3. Exclusions. Employees specifically excluded by statute are not covered by CIPMS. DoD Directive 1400.34 has also excluded Law Enforcement personnel. Secretaries of the Military Departments may further exclude employees employed under titles other than Title 5, U.S. Code, such as national guard technicians, nonappropriated fund employees, and local national employees.

4. Implementation. Secretaries of the Military Departments, or designees, shall make employee coverage determinations within their Military Departments consistent with section G, paragraphs 1., 2., and 3., above. Secretaries may choose, however, to convert employees to CIPMS in phases by organization or occupation. If a phased implementation approach is used, the plan shall be described in the implementing documents. Each Military Department Secretary using a phased approach shall, not later than 1 year from the issuance of this Manual, also provide a report to ASD (FM&P) on plans to expand coverage to meet the requirements of section G, paragraph 1., above, and the congressional intent of the legislation.

5. Notification. Employees must be notified-in advance of their positions' conversion to the CIPMS. (See Paragraph C, number 8; of Chapter 3.)

H. NEW OR REVISED PROGRAMS

1. New Regulations and Policy:

a. New regulations and policy proposals shall reflect consideration of similar practices found in the Intelligence Community. Where practical, comparable practices should be followed. New regulations and proposals should reflect consideration of the impact on Title 5, U.S. Code, systems, and entitlements within each Military Department.

b. All regulatory and policy issuances to include standards and new programs or revisions to existing programs that increase the levels of the CIPMS employee compensatory entitlements and allowances so that they exceed those authorized in this Manual shall be reviewed and approved by ASD (FM&P) before implementation.

2. Research and Demonstration Projects. The Military Departments are encourage to carry out research and demonstration projects (such as pay banding) that test new approaches to personnel management and administration. Such projects require prior consideration and final approval by ASD (FM&P). ASD (FM&P) may waive personnel policies in the conduct of projects, provided such waivers do not exceed the statutory authority granted to the Secretary of Defense.

I. IMPLEMENTATION

Secretaries of the Military Departments shall send two copies of their implementing documents, to include a description of any phased implementation approach, to ASD (PM&P) not later than 60 calendar days after the effective date of this Manual and not less than 30 days before the proposed implementation date for a review for consistency between Military Departments and compliance with this Manual. ASD (FM&P) shall also provide Congress with copies of these Military Departmental regulations, directives, and guidelines in accordance with congressional requirements. Copies of future Departmental CIPMS regulations, policies, and standards shall also be forwarded to ASD (FM&P) not later than 30 calendar days before the proposed implementation date, for a review for consistency between Military Departments and compliance with this Manual.

A. POLICY

1. Positions Management. Executive, managerial, and supervisory personnel at all levels of the Military Departments' Intelligence functions shall organize their work and that of their subordinates in the most efficient and economical Banner to make optimum use of their human and fiscal resources. Systems are encouraged that provide direct relationship between management of personnel and management of budget or payroll costs at the lowest practicable management levels.

2. Position Classification. The CIPMS classification system shall provide equal grade for substantially equal work. Grade levels shall have a direct relationship to the level of difficulty and responsibility of the work performed and to the qualification requirements for the position.

B. STRUCTURE OF THE SYSTEM

1. Basic Structure. CIPMS uses the basic structure of the classification systems established under Title 5, U.S. Code, for General Schedule (GS) employees and prevailing rate employees in the Federal Wage System (FWS). However, 5 U.S.C. 5401 and 5 U.S.C. 7103(a)(10) and (11) for Merit Pay System designation and definitions are superseded by 10 U.S.C. 1590 in that CIPMS does not use the GM Classification and pay system. The Military Departments may recommend to modify these systems to include a change in the pay plan designator with prior review and approval by ASD (FM&P).

2. Career Paths, Grade Bands, and Career Ladders. The CIPMS utilizes career paths, grade bands, and career ladders for GS positions.

a. A career path reflects the common career progression pattern of related groups of series or specialties. It provides a model and reflects the normal combination of grades into successive grade bands for the series or specialties associated with that path. Professional, Administrative, Technician, and Clerical career paths have been established. (See page B-21).

b. A grade band encompasses two or more consecutive grades that denote either a common level of difficulty, responsibility, and qualification requirements of work required or a common level of knowledge, skills, and abilities required to perform the work. Pro-Professional, Entry or Developmental, Full Performance, Expert, and Senior Expert grade bands are reflected in one or more of the four career paths. (See page B-21.) The grade bands within the four career paths have been established as a part of the CIPMS Primary Grading (Classification) Standard to promote comparability and equity in classification between and within the Departments and as a basis for establishing other personnel policies in such areas as merit promotion, performance management, and career management.

c. A career ladder depicts progression through a range of grade bands for a specific covered occupation or specialty. Career ladders are specialized versions of career paths and may differ somewhat from the career path depicted in Appendix B. Career ladders are described in Part II of Occupational Guides. (See section D., below.)

C. GRADE DETERMINATIONS

1. General Schedule Grade Determination. Positions included in the General Schedule shall be placed in grade levels by application of the CIPMS Primary Grading Standard for General Schedule Positions (Appendix B).

a. Additional guidance in Part II of CIPMS Occupational Guides supplements the CIPMS Primary Grading Standard as discussed in section D., below.

b. Implementation of the CIPMS Primary Grading Standard before development of an Occupational Guide is discretionary for each Department. Office of Personnel Management (OPM) classification standards and guides shall be applied until development of supplemental Occupational Guides and/or application of the CIPMS Primary Grading Standard. Military Department supplements to OPM Standards may be applied following a consistency and compliance as determined by ASD (FM&P).

2. FWS Grade Determinations. Existing grading tools shall be used to grade FWS positions unless replaced by a separate CIPMS standard or guide.

D. OCCUPATIONAL GUIDES

Occupational Guides supplement the CIPMS Primary Grading Standard by defining covered occupational series or specialties, establishing titles, describing occupational specialties or skill areas, or establishing career ladders for the specialties. Occupational Guides may describe specific occupational series (e.g., GS-132, GS-345, etc.) or specialties and functions crossing multiple series (e.g., intelligence production, information security, information support, etc.). The guides shall be published separately in two parts with Part I being mandatory for use by all the Military Departments. Part II is developed by individual Military Departments for their own use.

1. Part I. Part I shall define the series and/or coverage of the guide, prescribe official titles, establish the career path common to the covered occupation and provide guidance, if required, on how to apply the CIPMS Primary Grading Standard. The OPM definitions of series and titling practices shall be used for both GS and FWS positions unless new or revised definitions and titles are developed and approved by ASD (FM&P). Part I of a guide may be proposed by any of the Military Departments but must be reviewed and approved by ASD (FM&P) before use.

2. Part II. Part II may describe functions and/or functional titles common to the occupation(s) within a Department and the typical assignment and skill levels of the occupation(s) by grade band within a career ladder. Part II may also include coding instructions to facilitate automation of classification decisions, model or standardized factor degree descriptions, standardized job descriptions, or other classification and position management guidance. Part II shall be provided to the other Military Departments for information. The content, format, and specificity are Military Department options, but adequate detail must be included to allow cross comparison with similar guides in the other Military Departments and consistency review.

E. EXECUTIVE-LEVEL POSITIONS

The Senior Executive Service provisions of Title 5, United States Code do not apply to positions meeting the coverage criteria for CIPMS. Appendix C provides criteria for senior managerial grade level determinations and establishes the basic outline of the Executive-Level program for CIPMS.

F. DUAL TRACK

The CIPMS Primary Grading Standard and supplementary Occupational Guides shall provide, within reasonable limits, for progression to the highest grade levels in the grade bands for both supervisory and/or managerial and nonsupervisory positions. This practice is commonly referred to as a "dual track" career ladder. Although not directly reflected in the career paths depicted on page B-21, supervisory and managerial positions may be depicted as an optional part of specific career ladders.

G. POSITION DESCRIPTIONS

A position or group of positions is officially established when a position description has been written and pay plan, title, series, and grade have been determined by an appropriate classification authority. Each Military Department shall specify the standard of adequacy for position descriptions and description forms or formats and the authority to classify positions. At a minimum, position descriptions must include major duties and responsibilities and sufficient information on each of the classification factors.

H. APPEALS AND COMPARABILITY

1. Appeals. Each Military Department shall establish a CIPMS classification appeals system. Systems shall define what may be appealed, the appellant levels, and the procedures for employees to follow. Final employee appeals shall be limited to the employee's Military Department. OPM shall have no jurisdiction over CIPMS classification appeals. Appeal decisions affecting the classification (title, series, grade) of a position classified under CIPMS procedures shall be provided to the Executive Secretary for distribution to the Military Departments and to ASD (FM&P) as appropriate.

2. Inter-Departmental Comparability. Any CIPMS Advisory Group member may request that the CIPMS Advisory Group considers issues of classification consistency or comparability between Military Departments. The Military Departments shall assist the CIPMS Advisory Group in resolving these matters. ASD (FM&P) may render classification decisions at either the request of the CIPMS Advisory Group or by its own initiative on individual positions or groups of positions. The Military Departments shall comply with these decisions.

3. Intra-Departmental Consistency. Each Military Department shall establish policies and procedures to ensure classification consistency among common series, specialties, and occupations.

A. POLICY

Each Military Department shall develop policies, standards and administrative procedures to implement recruitment and internal placement programs for CIPMS. Provisions of FPM Chapter 213, Excepted Service Appointments and Chapter 302, Employment in the Excepted Service, relating to appointments do not apply to CIPMS.

1. All staffing of positions covered by CIPMS shall be conducted without regard to race, color, sex, age, religion, national origin, marital status, political affiliation, or other nonmerit factors. Reasonable accommodation shall be considered in cases involving mentally or physically handicapped individuals.

2. In staffing from external sources, veterans as defined by 5 U.S.C. 2108, shall be given preference for employment far as administratively feasible.

B. QUALIFICATION REQUIREMENTS

1. Qualification Standards.

a. The use of the OPM Handbook X-118 X-118C, "Qualification Standards," for positions under either the General Schedule or the Federal Wage System is not required except that applicants must meet any minimum educational, certification, or licensing requirements required by the OPM unless superseded by a CIPMS Standard.

b. The CIPMS Qualification Guide (Appendix D) shall be used in filling both General Schedule and trades and labor occupations. OPM Handbooks (X-ll8 and X-118C) may be used with the CIPMS 0ualification Guide as a source of information on the knowledge, skills, and abilities required for successful job performance.

(1) Standards developed within the Military Departments based on the CIPMS Qualification Guide shall reflect actual job requirements and shall be applied in a consistent manner.

(2) CIPMS qualification standards for specific series, specialties, or groups of series or specialties may be developed by the Military Departments for use by one or more of them. Military Departmental or CIPMS-wide qualifications standards shall be reviewed and approved by ASD (FM&P) before implementation.

2. Suitability. CIPMS employees must meet each Military Department's security, suitability, and conduct requirements. In addition to legally-required disqualifications, standards may provide for disqualification of an applicant for such reasons as dismissal from employment for delinquency or misconduct, criminal conduct, intentional false statements or misrepresentation in the application process, or reasonable doubt of the individual's loyalty to the United States.

3. Citizenship. CIPMS appointees must meet all citizenship restrictions contained in applicable appropriation acts, as well as those imposed by the

security clearance and access requirement of the position.

4. Formal Education. The Military Departments may not establish a minimum education requirement for CIPMS positions unless it is determined that the duties of a scientific, technical, or professional position cannot be performed by a person without that education.

5. Age. Minimum or maximum age requirements may not be established except as specifically authorized by statute or as approved by OSD. OSD may approve age requirements based on a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position.

6. Physical Qualifications. Applicants shall meet established physical qualifications that are essential to perform the duties of the position or be found by medical authority to be physically able to perform the duties of the position. Disqualification determinations for preference eligible having a compensable Service-connected disability of 30 percent or more shall be approved by competent authority as determined by each Military Department.

7. Other Requirements.

a. Written and Performance Tests. Tests shall be fully consistent with applicable rules, regulations, instructions, and policies unless superseded by CIPMS policy.

b. Personality Tests. Personality tests shall require prior approval as determined by each Military Department.

C. RECRUITMENT AND SELECTION

Recruitment and selection procedures shall include the following:

1. Procedures. Fair and equitable procedures shall be implemented to evaluate an applicant's experience, training, education, performance, and recognition records. Rules may not deny consideration to any applicant based on the applicant's status as a Federal employee or annuitant.

2. Veterans' Preference. Appointment procedures shall provide for the requirement to give preference to veterans in selection when administratively feasible and for the selection of elevator operators, guards, messengers, and custodians from among preference-eligibles as long as preference-eligibles are available.

3. Merit Promotion Plans. Procedures shall take full advantage of all CIPMS and excepted service authorities. Merit promotion plans may allow for concurrent consideration of all applicants.

4. Conditions of Employment. Examples of pertinent and job-related conditions of employment are outlined in Appendix E.

5. Employment of Retired Members of the Armed Services. Authority to approved waivers of the 180-day restriction shall follow delegation levels authorized by DoD Directive 1402.1, except that the Secretaries of the Military Departments may redelegate approval authority for waivers for positions of GS-8 and above to the Department's Functional Chief. All other exceptions permitting lower level approval of waivers shall continue to apply.

6. Statutory and Regulatory Limits on Appointing Officer's Authority. Before filling a position by other means, an appointing officer must satisfy the rights of any employee or former employee who is:

a. Entitled to restoration following Military duty or recovery from compensable injury or disability;

b. Entitled to reemployment under law or regulation;

c. Entitled to restoration after a successful grievance or appeal;

d. Entitled to move with his or her position during a transfer of function;

e. Entitled to priority consideration for reemployment from the DoD reemployment priority list or comparable Departmental priority placement list, as discussed in section F., below, or

f. Entitled to special consideration for promotion or repromotion in accordance with the existing merit promotion plan.

7. Reemployment Lists. Reemployment lists may include the names of any current or former employees of the Department who are to be considered for future employment, but must include the names of each former employee who:

a. Is found by the Merit Systems Protection Board to have been unjustifiably dismissed from the Department;

b. Was furloughed or separated without misconduct from a continuing position due to compensable injury and whose recovery takes longer than 1 year from the date compensation began. The individual must apply for reemployment under this provision within 30 days after cessation of compensation.

8. Movement of an Employee from the Competitive Service. Employees currently serving under non-temporary appointments in a competitive service position converted to CIPMS shall be informed that the position is in the excepted service, cannot be filled by competitive appointment, and placement in the position will take him and/or her out of the competitive service. A written statement of understanding documenting voluntary acceptance of a CIPMS position shall be obtained when applicants are selected for CIPMS positions.

D. NON-COMPETITIVE PROMOTION

1. In addition to CIPMS exceptions, all exceptions to competitive promotion procedures provided in the competitive service may be extended to the CIPMS.

2. Noncompetitive promotion to succeeding grade levels within the current grade bands of the employee's present line of work may also be authorized by the Military Departments. This authority may he applied without regard to requirements for competition for positions with known promotion potential.

(See Chapter 2 B.2., and Appendix B, Part I, for further information on grade bands.)

E. REDUCTION-IN-FORCE PROCEDURES

Reduction-in-force procedures shall be consistent with statutory-excepted service authorities.

F. OUT-PLACEMENT PROGRAMS

1. Selecting officials shall consider applicable DoD-wide Priority Placement Program (PPP) employment lists.

2. ICDP provisions for placement assistance for overseas personnel without return rights, return reemployment rights provisions, and reduction-in-force administrative procedures shall be applicable to all CIPMS employees.

G. REFERRAL SYSTEMS

The Defense Intelligence Special Career Automated System (DISCAS), operated by the Defense Intelligence Agency as part of the Intelligence Career Development Program (ICDP), shall be used as a major recruitment source in the filling of CIPMS positions in accordance with the policies and procedures of DoD 1430.10-M-3, "DoD-Wide Intelligence Career Development Program for General Intelligence Personnel." DISCAS may be supplemented, within the Military Departments, by other recruitment methods such as local vacancy announcements or the optional use of Departmental career referral systems or skill banks. Military Departments may not prescribe restrictions on the use of DISCAS, such as the requirement to use Departmental career programs.

H. RECORDS MAINTENANCE

The Military Departments shall develop a records maintenance system, ensuring access to all documentation on staffing actions, for a minimum period of 2 years from the effective date of the action.

I. COMPLAINTS RESOLUTION

The Military Departments shall provide for the equitable and timely resolution of complaints concerning proper application of their employment and placement regulations and procedures. Equal Employment Opportunity (EEO) complaints shall continue to be processed within existing procedures.

J. AFFIRMATIVE ACTION

1. Joint Action. The Military Departments shall work together to improve their EEO posture.

2. Affirmative Action Goals. In accordance with Equal Employment Opportunity Commission (EEOC) guidelines, each Military Department shall develop Affirmative Action goals and objectives for its CIPMS work force. The Military Departments are encouraged to analyze attitudinal, structural, or personnel barriers to increase representation of women, minorities, and handicapped and to implement policies and programs to overcome those barriers and underrepresentation situations. Progress in EEO and Affirmative Action should be made s part of any program evaluation or management information system for CIPMS.

A. POLICY

1. Career development and training shall be used as tools to develop and sustain a professional Intelligence work force and assist in the achievement of CIPMS work force management and affirmative active objectives.

2. Policies and procedures should not discourage movement of employees among and between the Military Departments and DIA, ClA, NSA, and other elements of the Intelligence Community.

3. The Military Departments shall work together to establish training and development programs wherever possible.

B. GENERAL PROVISIONS

The Military Departments shall establish CIPMS career development and training policy that shall comply with the policy stated above and the following:

1. Compliance with ICDP Career Development Policies and Procedures. For those employees covered by the ICDP, DoD 1430.10-M-3, career development policies and procedures shall conform to the policies and procedures of that program, including mandatory registration in the DISCAS and Functional Chief involvement in IDCP management. Departmental supplements must comply with DoD 1430.10-M-3.

2. Compliance with ICDP Procedures on Employee Registration. The Military Departments shall follow the registration procedures of the ICDP. Each Military Department shall develop and implement policies and procedures for DISCAS registration that shall ensure timely initial registration and maintenance of current and accurate data for all covered employees. Registration in DISCAS shall not prevent registration in other career management programs for which the employee is otherwise eligible.

3. Program Planning. The Military Departments shall take advantage of existing DoD and Intelligence Community career enhancement opportunities and shall program sufficient resources to meet ICDP and Department career development requirements and selectively participate in on-going Intelligence Community programs.

A. POLICY

The Military Departments shall develop compensation programs to enhance the recruitment and retention of well-qualified, scarce skill and/or shortage category individuals, or to fill positions in remote or undesirable work sites. These programs shall be developed based on the principle of CIPMS-wide comparability and be approved by ASD (FM&P) prior to implementation.

B. RATES OF BASIC PAY

As provided by 10 U.S.C. 1590, the rates of basic pay for CIPMS GS positions are fixed to correspond to rates for GS positions under Title 5, U.S. Code, which have corresponding levels of duties and responsibilities. In addition, no CIPMS employee may be paid at a rate in excess of the rate of basic pay payable at grade GS-18 under the General Schedule. The applicable Federal Wage System (FWS) wage schedules shall be the basic pay schedules for employees in trade, craft, and laboring occupations, including leaders and foremen, unless specifically modified by ASD (FM&P).

C. WITHIN-GRADE PAY INCREASES

Except as provided in this Manual (Chapter 5, subsection E.5 and Chapter 6, subsection C.4), CIPMS shall retain the Federal within-grade increase policies and procedures contained in the Federal Personnel Manual and DoD regulations unless separate provisions are developed and approved by ASD (FM&P).

D. CIPMS SPECIAL SALARY RATES

1. The Military Departments may propose to ASD (FM&P) CIPMS special salary rates that exceed the GS or FWS rates that would otherwise be applicable. CIPMS special salary rates shall be established only upon a finding that competing sectors are paid substantially more than the Intelligence functions of the Military Departments and the salary gap significantly impedes the Intelligence functions' recruitment and retention of well-qualified applicants in a specified occupation and/or specialty and/or recruitment area. ASD (FM&P) approved CIPMS special salary rates shall be applied to all CIPMS positions meeting the criteria for the special CIPMS salary rate or schedule.

2. 0PM approved special salary schedules shall be applied unless specifically superseded by a CIPMS schedule or rate.

E. RECRUITMENT COMPENSATION

The Military Departments compensation programs may provide for supplemental compensation to complement the above stated compensation provisions, in addition to existing programs available under Title 5, U.S. Code. These supplemental programs shall provide management with tools to attract and retain quality or scarce skill (shortage category) employees or to fill positions in remote or undesirable worksites. The Military Departments are authorized to determine quality applicants and/or employees, shortage categories, and remote or undesirable work sites. The following list includes options that may be used alone or in combination, as appropriate. The list is not intended to be all inclusive. If utilized, the Military Departments shall employ the definitions and policies found below for the various compensation tools. Additional compensation programs shall be reviewed and approved by ASD (FM&P) before use.

1. Premium Recruitment Bonus Payment. This is a recruitment bonus payment to an employee new to CIPMS (not having served in any CIPMS position for at least 90 calendar days) over and above scheduled salary who accepts a shortage category and/or hard-to-fill position, relocates to a remote or undesirable worksite, or possesses scarce skills. It may not be used when converting employees in their existing positions to CIPMS.

a. A bonus payment shall he equal to an amount, not less than $500 and not more than $10,000, determined by officials and procedures specified by each Military Department.

b. A payment may not be made to an individual unless such individual has entered into an agreement with the command or activity that provides that--

(1) such individual shall continue in a CIPMS position in the service of the employing Military Department for a period of time not less than l year.

(2) if the individual voluntarily accepts a change of position (by reassignment, transfer, change to lower grade, or promotion) to a non-CIPMS position, resigns from the Federal Service, or is separated (except by reason of a reduction-in-force) from CIPMS in the employing Military Department before the end of the period agreed to, such individual shall repay to the Government any amounts paid under this provision.

c. If an individual fails to repay any amount required under section E.l.a., above, such amount is recoverable by the Government from the individual or the estate of such individual by:

(1) offset against accrued pay, compensation, amount of retirement credit, or other amount due the individual from the Government; and

(2) any other method provided by law for the recovery of amounts owed to the Government. The Secretary of the Military Department concerned may waive in whole or in part a right of recovery if it is shown that the recovery would be against equity and Bond conscience or against the public interest. The authority to waive right of recovery may be redelegated.

d. The full amount of a bonus under this section shall be paid, whether in a lump sum or in the form of periodic payments, before the end of the period of service agreed to under section E.l.b., above.

e. Each use of this authority shall be documented, to include the reason for its use, the determination of amount granted, and the required length of continued service for post audit and for program evaluation purposes.

f. A payment under this paragraph is not part of the basic pay of an individual and is not subject to retirement contributions.

2. Advanced Hiring Salary. This is similar to an advanced in-hire rate, in that it allows management the flexibility to set starting basic pay above the first step of the applicable GS or FWS pay scale for a new CIPMS employee. However, the procedures and rules that govern the advanced in-hire rate in the Federal Personnel Manual, to include any limitation on grade level or series for application, shall not apply to CIPMS. This compensation tool may not be used when converting employees in their existing positions to CIPMS. The Military Departments utilizing this authority shall:

a. Limit its use to individuals new to the Federal civilian service (individuals not employed in any Federal civilian position within the last 90 calendar days).

b. Limit the number of pay steps granted to the minimum required to at least meet, but not exceed by over 20% of base salary, bona fide offers or current compensation (comparing basic pay and fringe benefit packages offered by other employers with the total compensation otherwise possible for the CIPMS position).

c. Document the basis for each use and step granted for post audit and for program evaluation purposes.

3. Payment of Travel and Transportation Expenses to an Interview and/or to the First Duty Station. Such payments shall be made in accordance with the provisions of the Joint Travel Regulations, Volume 2. However, such payments need not be limited by series or grade level restrictions otherwise levied by the Department of Defense or the Military Departments. Use of this authority shall be documented for post audit and for evaluation purposes.

4. Advance Payment of Basic Pay. The Military Departments may provide for the advance payment of basic pay, covering a period of not more than two bi-weekly pay periods, to or for the account of any CIPMS employee who is appointed to a position, if the rate of pay for such a position is established under Section 5303 of Title 5, U.S. Code, or Section 1590 of Title 10, U.S. Code. Section 5522 of Title 5, U.S. Code, relating to the recovery of funds, applies with respect to any amounts advanced under this authority. The pay back period for any advance payment of basic pay shall be a period to equal the service agreement or not less than 6 months from the appointment date of the employee. Military Departments shall also document use of this authority for post audit and for program evaluation purposes as determined by the Military Departments and OSD.

5. Pay Setting and Step Increase on Reassignment. Military Departments shall continue pay setting rules, in accordance with the Federal Personnel Manual, for promotions and other actions except that Departments may provide for pay setting rules or pay increases covering the movement of Federal employees to shortage category and/or hard-to-fill positions, to remote or undesirable worksites, or to attract high-quality skills.

a. Such pay increases say not be used for reassignment or transfer of CIPMS employees (employees within the same or different Military Department) within the same geographic commuting area.

b. Such pay increases also may not exceed the equivalent of two steps of the employee's current grade in the applicable GS or FWS salary schedule.

c. Each Military Department shall document the basis for each use for post audit and program evaluation purpose.

F. PREMIUM PAY

1. Administratively Uncontrollable Work Pay. Departments may provide for administratively uncontrollable work pay, in accordance with established OPM procedures. Approval authority may be delegated. Departments shall document use of this option for post audit and later program evaluation by either the Departments or OSD.

2. Other Premium Pay. Present allowances shall apply until additional CIPMS allowances are developed.

G. ALLOWANCES IN FOREIGN AND OVERSEAS AREAS

Present allowances shall remain in effect until additional CIPMS allowances are developed.

H. PAY FOR PERFORMANCE

Policy and guidance on monetary performance awards are found in Chapter 6.

I. RANK-IN-PERSON PROMOTION

A promotion of an employee, one grade above the proper classification of the position, may be granted when relative worth of the individual to the Department is substantially significant and is not measurable through the normal classification process. Regulations of the Military Departments choosing to use this option shall contain the following:

1. Individuals my be considered for Rank-In-Person (RIP) promotions only upon nomination by management.

2. RIP promotion consideration shall be limited to employees who have minimum of 1 year in the position and a minimum of 2 years experience in the Intelligence Community immediately before granting the RIP promotion.

3. Failure to receive a RIP promotion my not be made grievable matter under the grievance system.

4. RIP determinations shall be fully documented and be made part of any Departmental program evaluation system.

J. MANAGEMENT TO BUDGET

The special CIPMS incentives or entitlements contained in this chapter should be made a part of each Department's program and procedures for management to budget whenever possible.

A. POLICY

The Military Departments shall ensure that their CIPMS employees have the right and opportunity to present their grievances and appeals for prompt and equitable consideration free from restraint, coercion, discrimination, or reprisal.

B. GENERAL PROVISIONS

1. Grievances. The Military Departments shall follow their existing regulations, or develop specific regulations, for processing grievances of CIPMS employees through their agency administrative grievance procedures. CIPMS policies and procedures, including those set forth in this Manual, shall be fully considered and applied in making decisions on such grievances.

a. Grievance Coverage. Matters covered by the grievance procedures shall include the following:

(1) The identification and conversion of an employee's position to CIPMS when the decision to include or exclude resulted from the application of the respective Military Department's policy on coverage.

b. Matters excluded. In addition to matters excluded by 5 CFR 771.206(c), matters excluded from coverage of the grievance procedures shall include the following:

(1) The content of DoD-approved classification and qualification standards.

(2) Failure to receive a RIP promotion.

2. Adverse Actions and Appeals. The provisions of Title 5, U.S. Code, 5 CFR Part 1201, and applicable regulations of the respective Military Department shall apply to covered adverse actions and appeals of CIPMS employees. Except as provided in Chapter 8 of this Manual, other adverse actions and appeals shall be covered by applicable regulations of the respective Military Departments.

3. Disciplinary Actions. Disciplinary actions for CIPMS employees shall be in accordance with procedures for competitive service employees in the respective Military Departments.

A. POLICY

1. Section 1590(e) of Title 10, U.S. Code, provides that the Secretary of Defense may terminate the employment of any civilian intelligence officer or employee of a Military Department whenever he considers that action to he in the interests of the United States and he determines that procedures prescribed in other provisions of law, which authorize the termination of the employment of such officer or employee, cannot be invoked in a manner consistent with the national security.

2. Termination of employment under this authority does not affect the right of the person involved to seek or accept employment with any other Department or Agency of the United States if he/she is declared eligible for such employment by the Office of Personnel Management.

B. RESPONSIBILITIES

1. Secretaries of the Military Departments.

a. The Secretaries of the Departments are delegated the authority to make and effect final decisions to terminate employment under this authority. This authority cannot be redelegated. The Secretaries shall consult with the Department's General Counsel and/or the DoD General Counsel before issuing a decision to terminate employment under this authority. The Military Department Secretary shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, through the ASD (C3I), whenever this termination authority is exercised.

b. Secretaries of the Military Departments shall determine the appropriate delegation of authority within their Departments for proposing termination actions under 10 U.S.C. 1590(e).

2. Secretary of Defense. The Secretary of Defense shall make decisions on appeals filed by employees. This authority cannot be redelegated.

C. PROCEDURES

The Military Departments shall develop procedures for termination and appeal under this authority that shall include at least the following:

1. Basic Procedures. Employees shall be provided the following procedural protections:

a. A written proposal listing the charge(s) or other cause(s) of action, stated as specifically as security and privacy act provisions permit;

b. An opportunity to answer charges within 30 days of receipt of the proposal. Any reply must be in writing and may include affidavits.

c. A written decision by the Secretary of the Military Department;

d. An opportunity of appeal an adverse decision to the Secretary of Defense within 20 calendar days of receipt of the final decision. Appeals shall be in writing, addressed to the Assistant Secretary of Defense (Force Management and Personnel), Room 3D264, Pentagon, Washington D,C. 20301-4000, and contain, at a minimum, the following information:

(1) Name and current mailing address of the appellant;

(2) Copy of the written proposal, the written response, and the written decision letter; and

(3) Statements, affidavits or other information to show why the appeal should be granted. Decisions of the Secretary of Defense are final and may not be appealed or reviewed outside the Department of Defense.

2. Right to Representation. The employee shall have the right to be represented by an attorney or other representative of his/her choice. The employee must name the representative in writing. Representatives shall be restricted from access to pertinent classified information unless they have or are able to obtain required clearance and access within a reasonable period. The Military Departments may disallow as an employee's representative:

a. An individual whose activities as a representative would cause a conflict of interest or position;

b. An individual who cannot be released from official duties because of priority needs of the Government; or

c. An employee whose release would give rise to unreasonable costs to the Government.

3. Employee Status. An employee may be retained in duty status (to include detail) through the final decision stage of the termination action. The employee may, however, also be placed in a non-duty status with pay if such action is considered to be in the best interests of the Military Department.

4. Relationship to Security Clearance. Withdrawal of security access shall not necessarily be a prerequisite for exercising this special termination authority nor shall it be required that withdrawal of access be fully adjudicated prior to proposing termination under this provision.

A. POLICY

CIPMS shall be periodically monitored and evaluated by OSD and each Military Department for its effectiveness and efficiency in meeting established goals and objectives.

B. RESPONSIBILITIES

1. Assistant Secretary of Defense (Command, Control, Communications and Intelligence) (C3I). ASD (C3I) shall establish CIPMS functional goals and objectives, direct the development of a DoD program evaluation system to include program indicators and reporting formats, determine frequency of reporting and serve as Chair of the CIPMS Advisory Group when it meets to conduct its periodic evaluation of the CIPMS.

2. Assistant Secretary of Defense (Force Management and Personnel). ASD (D!&P) shall provide technical advice and assistance to ASD (C3I) in the performance of its responsibilities, shall direct the performance of DoD evaluations, review and approve evaluations and reports, and publish final reports.

3. CIPMS Advisory Group. The CIPMS Advisory Group shall propose modifications to the DoD program evaluation system; review data; draft valuations and reports; prepare final reports; and coordinate and propose modifications to CIPMS programs, policies, standards, and incentives to ASD (FM&P) based on the program evaluation data.

4. Military Departments. Each Military Department shall furnish narrative and statistical data in support of its management of CIPMS, as prescribed by OSD.

a. Each Military Department shall also develop and conduct its own program evaluation, supplement DoD-wide evaluation methodology as needed, and provide the results to the CIPMS Advisory Group as appropriate or requested.

b. Secretaries of the Military Departments shall make provisions to convert data input into a DoD CIPMS data base, provide statistical data for program evaluation, and provide computer programming support to develop and transmit automated reporting formats.

C. GENERAL PROVISIONS

1. Comparability. OSD, the CIPMS Advisory Group, and Secretaries of the Military Departments shall ensure the maximum degree of comparability of position classification standards, compensation, and other major CIPMS provisions across organizational lines consistent with the distinct missions and functions of each Military Department's Intelligence Community and mandatory requirements of each Military Department's personnel and data management systems. The ASD (FM&P) shall be advised whenever it is determined or suspected that significant imbalances or inequities exist.

2. Compliance Inspection Programs. Each Military Department shall ensure that the provisions of this Manual and its implanting regulations are reviewed during compliance inspections either carried out by each Military Department's Inspectors General, in established civilian personnel review programs, or in CIPMS specific review or inspection programs.

3. Responsibility for Currency and Accuracy of Data. The Military Departments shall ensure the currency and accuracy of data input to the DISCAS system (for their employees eligible for coverage), as well as the data maintained by the Defense Management Data Center on CIPMS employees and covered organizations.