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.
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