MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Consideration of Civilian Intelligence Personnel Management System (CIPMS) Employees for Competitive Service Positions (CIPMS Memo No. 4)

1. It has come to our attention that some Federal agency civilian personnel offices have inappropriately denied Army CIPMS employees consideration for competitive service positions. These offices have overlooked the fact that many excepted service employees either have personal competitive status or are eligible for consideration as a result of the Personnel Interchange Agreement with the Office of Personnel. Management (OPM) as implemented by FPM Letter 315-27, dated 7 May 1990. This Agreement establishes criteria which permit consideration of non-status CIPMS employees for positions in the competitive service after completion of one year of CIPMS service. A few Defense personnel offices have even erroneously rejected applications on the grounds that the recent hiring freeze precludes consideration of CIPMS employees because they are in the excepted service. (DoD hiring freeze rules permit movements between excepted and competitive service.) These errors are hopefully few and far between but do point out the need for continued publicity with regard to the eligibility of CIPMS employees for competitive service positions.

2. Equally troubling are instances where CIPMS employees have been declared ineligible because they do not fall within the established area of consideration for merit promotion purposes. This has occurred in cases where the area of consideration has been restricted to only those currently in the competitive service. While organizations generally have the right to Set areas of consideration, it must be pointed out that in Army (paragraph 1-4b of AR 690-300, Ch 335) current DA employees with competitive status, who are outside the minimum area of consideration, are given an opportunity to compete equally for referral with the local work force. The majority of CIPMS employees have competitive status or obtain the equivalent of that status after one year of CIPMS employment.

3. The Interchange Agreement between the Department of Defense and OPM was established to encourage competitive service employees to consider CIPMS employment and to allow CIPMS employees without prior competitive service employment (after one year of CIPMS employment) to be considered for competitive service positions in the same manner as current competitive service employees. Eligible CIPMS employees may apply for positions at grade levels higher than previously held in the competitive or excepted service. This agreement also allows for noncompetitive appointment of CIPMS employees with personal competitive status to competitive service positions at the highest grade level achieved on a permanent basis in either the competitive service or under CIPMS.

4. Your assistance is requested to help alleviate the problems and confusion that our CIPMS employees have encountered.

1. Request CIPMS employees with personal competitive status (the majority at this time) be periodically advised that they should clearly mark any applications for competitive service positions with an indication that they have personal competitive status and include a copy of the last Notification of Personnel Action, SF-50, that documents that status.
2. Request serviced CIPMS employees be provided with a copy of the enclosed memorandum and FPM Letter 315-27. Employees should be instructed to attach the memorandum and FPM Letter to their applications.
3. Request the addition of a local remark on all CIPMS SF-50s which indicates the employee's eligibility for consideration for competitive service positions under the Interchange Agreement and FPM Letter 315-27. (NOTE: After July 1991 the Army Civilian Personnel System (ACPERS) will automatically generate such a remark on appointment and conversion SF-50s. However, a remark may need to be generated locally on other actions in cases where employees encounter difficulties that require maximum documentation and assistance.) Again, employees need to be reminded to include SF-50s with all applications.

5. In addition, request you serve as advocate for serviced CIPMS employees in your regular contacts with other Federal operating personnel offices, especially if an employee brings to your attention any problems as described above. Civilian personnel offices servicing CIPMS employees have found that a phone call with either a reminder that excepted service employees often have personal competitive status or an explanation of the Interchange Agreement and its use is frequently all that is necessary to resolve the situation. Further advocacy may be required, however, if you find the intentional or unintentional exclusion of current excepted service employees from areas of consideration for vacancies. As agencies become more familiar with the CIPMS program and more knowledgeable of the intent and procedures of the Interchange Agreement, they should be more receptive to the value of and means for fully considering CIPMS employees for their positions.

6. POCs in HQDA, DCS, G-2, Intelligence: Personnel Management Office are Joyce Grignon, AV 356-5200/1 or COM (703) 285-5200/1, or Sandy McLaughlin, AV 821-1880 or COM (602) 533-1880.

ANNA E. YURKOSKI,
Chief, Employment and Classification Division

3 Encls

1. Draft Memo

2. FPM LTR 315-27

3. Interchange Agreement

COORDINATION WITH HQDA, DCS, G-2:

DENIS R. GRAFFUM
Director, Intelligence Personnel Management Office

CF:
MACOM CPMs for CP-35
ACPMs for CP-35

SUBJECT: Consideration of Civilian Intelligence Personnel Management System (CIPMS) Employees for Competitive Service Positions

1. Please be advised that CIPMS employees who have personal competitive status, though currently serving in positions in a statutory Excepted Service Federal personnel system, may apply for competitive service positions on the basis of their reinstatement eligibility if otherwise in the area of consideration.

2. CIPMS employees who do not have personal competitive status but who have served one continuous year in CIPMS may be considered for appointment to positions in the competitive civil service in the same manner that employees in the competitive service may be considered for transfer to such positions. Authority for consideration is granted under the provisions of the Personnel Interchange Agreement, effective 09 March 1990, as implemented by FPM Letter 315-27, dated 07 May 1990. Further guidance and information may be found in FPM Chapter 315, Subchapter 6, Section 6-2.

3. Additionally, CIPMS employees with. personal competitive status may be noncompetitively considered for appointment to other DoD competitive service positions at the highest grade level achieved on a permanent basis in either the competitive service or in CIPMS under the terms of the Personnel Interchange Agreement. If the position is outside DoD, the employee is eligible for noncompetitive appointment at the last grade held.

4. Your consideration of the attached application, from a CIPMS employee eligible under the Personnel Interchange Agreement, or as a result of personal competitive status, is appreciated.

5. If you have questions about this program do not hesitate to contact __________ in my office, at __________ .

Civilian Personnel Officer

(or, Chief Recruitment & Placement)

SUBJECT: Personnel Interchange Agreement Covering Employees of the Department of Defense Civilian Intelligence Personnel Management System

Heads of Departments and Independent Establishments

1. OPM and the Department of Defense have established an agreement permitting movement between the competitive civil service and positions in the Civilian Intelligence Personnel Management System (CIPMS) in the military departments (Army, Navy, and Air Force) filled under 10 U.S.C. chapter 81.

2. The interchange agreement was effective March 9, 1990, and will remain in effect for 3 years unless it is renegotiated before the expiration date. The agreement covers movement both of current CIPMS employees and of CIPMS employees who are appointed noncompetitively within 1 year following an involuntary separation without personal cause. Agencies may consider (CIPMS employees for noncompetitive appointment to competitive positions in accordance with the instructions found in section 6-2 of FPM chapter 315. In determining employees' eligibility for noncompetitive appointment, all qualifying CIPMS service is creditable, including that rendered before the effective date of this agreement.

Constance Berry Newman

Director

Inquiries: Staffing Policy Division, Career Entry and Employee Development Group, (202) 606-0818

Code: 315, Career and Career-Conditional Employment

Distribution: Basic FPM

In accordance with the authority provided in Section 6.7 of the Civil Service Rules, and pursuant to the following agreement with the Department of Defense, employees serving in the Civilian Intelligence Personnel Management System (CIPMS) in the Military Departments (Army, Navy, and Air Force) may be appointed to positions in the competitive civil service, and employees serving in positions in the competitive civil service may be appointed to positions' under CIPMS in the Military Departments, subject to the following conditions:

1. Type of appointment held before movement.

To be eligible for movement under this agreement, employees must be currently serving under a competitive career or career-conditional appointment or under a CIPMS appointment or have been involuntarily separated from such appointment without personal cause within the preceding year. CIPMS employees must be or have been serving in continuing CIPMS positions under excepted appointments without time limits.

2. Qualification requirements.

CIPMS employees must meet the qualification standards and requirements for the positions to which they are to be appointed in accordance with OPM established regulations for transfer of employees within the competitive service. Employees in the competitive service must meet the regular standards and requirements established by the Military Departments for appointment to CIPMS positions.

3. Length of service requirement.

CIPMS employees must have served continuously for at least 1 year in CIPMS positions before they may be appointed to positions in the competitive civil service under the authority of this agreement. Employees in the competitive civil service must have completed the 1-year probationary period required in connection with their career or career-conditional appointments in the competitive service before they may be appointed to CIPMS positions, without serving a trial period, under the authority of this agreement.

4. Selection.

CIPMS employees may be considered for appointment to positions in the competitive civil service in the same manner that employees of the competitive service may be considered for transfer to such positions. Employees in the competitive service may be considered for appointment to any CIPMS position on the basis of their qualifications.

5. Type of appointment granted after movement.

CIPMS employees who are appointed to competitive positions under the terms of this agreement will have career or career-conditional appointments, depending upon whether they meet the 3-year service requirement for career tenure. The service which commences with a permanent CIPMS appointment will be accepted toward meeting the competitive service requirement. Employees of the competitive service who are appointed to CIPMS positions under the terms of this agreement will receive excepted service appointments under 10 U.S.C. 1590.

6. Probationary and trial periods.

Employees appointed under this agreement, who have previously completed a probationary or trial period, will not be required to serve a new probationary or trial period.

7. Status.

CIPMS employees who are appointed in the competitive civil service under the terms of this agreement will receive competitive civil service status. Thereafter, such employees will be entitled to the benefits and privileges provided by the Civil Service Rules and by OPM's regulations and instructions for persons having competitive civil service status. Employees of the competitive civil service who are appointed to CIPMS positions under the terms of this agreement will have whatever privileges are normally provided to persons who initially receive CIPMS excepted service appointments, under 10 U.S.C. 1590, in those agencies.

8. Effective date.

This agreement becomes effective 30 days from the date on which it is signed by both parties and shall expire, unless renegotiated, 3 years thereafter. The agreement may be terminated prior to its expiration date 30 days following notice from the Department of Defense or OPM and may be modified at any time with the mutual consent of the Department of Defense and OPM.