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104TH CONGRESS

2D SESSION S. 1593

To amend the National Security Act of 1947 to provide for the appointment

of two Deputy Directors of Central Intelligence, to strengthen the authority of the Director of Central Intelligence over elements of the Intelligence

Community, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 6, 1996

Mr. SPECTER (for himself and Mr. KERREY) introduced the following bill;

which was read twice and referred to the Select Committee on Intelligence

A BILL

To amend the National Security Act of 1947 to provide

for the appointment of two Deputy Directors of Central

Intelligence, to strengthen the authority of the Director

of Central Intelligence over elements of the Intelligence

Community, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act shall be referred to as the ‘‘Intelligence Or4 ganization Act of 1996’’.
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1 TITLE I—AMENDMENTS TO THE NATIONAL

2 SECURITY ACT OF 1947

3 CREATION OF DEPUTY DIRECTORS OF CENTRAL

4 INTELLIGENCE

5 SEC. 101. (a) Subsection 102(b) of the National Se6 curity Act of 1947 (50 U.S.C. 403(b)) is amended by

7 striking the subsection in its entirety and by inserting in

8 lieu thereof:

9 ‘‘(b) To assist the Director of Central Intelligence in

10 carrying out the Director’s responsibilities under this Act,

11 there shall be a Deputy Director of Central Intelligence

12 for the Intelligence Community and Deputy Director of

13 Central Intelligence for the Central Intelligence Agency.

14 ‘‘(1) The Deputy Director of Central Intel15 ligence for the Intelligence Community shall be ap16 pointed by the President, by and with the advice and

17 consent of the Senate, and shall act for, and exercise

18 the powers of, the Director during the Director’s ab19 sence or disability. This official shall assist the Di20 rector of Central Intelligence in carrying out his re21 sponsibilities pursuant to subsection 103(c) of this

22 Act.

23 ‘‘(2) The Deputy Director of Central Intel24 ligence for the Central Intelligence Agency shall be

25 appointed by the President, by and with the advice
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1 and consent of the Senate, for a term not to exceed

2 six years, which shall be renewed by the President

3 at the end of two years and at the end of four years

4 of service in this position. This official shall assist

5 the Director of Central Intelligence in carrying out

6 his responsibilities pursuant to subsections 103 (a)

7 and (d) of this Act.’’

8 (b) Subsection 102(c)(1) of the National Security Act

9 of 1947 is amended by—

10 (1) Striking ‘‘Deputy Director’’ and inserting in

11 lieu thereof ‘‘either of the Deputy Directors’’; and

12 (2) Striking ‘‘both positions be simultaneously’’

13 and inserting in lieu thereof ‘‘more than one of the

14 three positions be’’.

15 (c) Subsection (c)(2) of the National Security Act of

16 1947 is amended by striking ‘‘the Deputy Director’’ and

17 inserting in lieu thereof ‘‘one of the Deputy Directors’’.

18 ROLE OF THE DIRECTOR OF CENTRAL INTELLIGENCE

19 WITH RESPECT TO THE APPOINTMENTS AND EVAL20 UATIONS OF THE HEADS OF CERTAIN AGENCIES

21 WITHIN THE INTELLIGENCE COMMUNITY

22 SEC. 102. (a) Section 106 of the National Security

23 Act of 1947 (50 U.S.C. 403–6) is amended by striking

24 the title and text of the section in their entirety and insert25 ing in lieu thereof:
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1 ‘‘ADMINISTRATIVE PROVISIONS PERTAINING TO THE AP2 POINTMENT AND EVALUATION OF OFFICIALS WITHIN

3 THE INTELLIGENCE COMMUNITY

4 ‘‘SEC. 106. (a) CONCURRENCE OF THE DCI IN CER5 TAIN APPOINTMENTS.—The concurrence of the Director

6 of Central Intelligence shall be required with respect to

7 the appointment of the head of the National Security

8 Agency, the Central Imagery Office, and the National Re9 connaissance Office, when made by the Secretary of De10 fense, or shall be required to accompany the recommenda11 tion of the Secretary of Defense when such appointments

12 are made by the President.

13 (b) ‘‘CONSULTATIONS WITH REGARD TO CERTAIN

14 APPOINTMENTS.—The Director of Central Intelligence

15 shall be consulted by the Secretary of Defense prior to

16 the appointment of the Director, Defense Intelligence

17 Agency; by the Secretary of State, prior to the appoint18 ment of the Assistant Secretary of State (Intelligence and

19 Research); by the Secretary of Energy prior to the ap20 pointment of the Director, Office of Nonproliferation and

21 National Security; and by the Director of the Federal Bu22 reau of Investigation prior to appointment of the Assistant

23 Director for the National Security Division of the Federal

24 Bureau of Investigation.
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1 ‘‘(c) EVALUATION OF CERTAIN OFFICIALS WITHIN

2 THE INTELLIGENCE COMMUNITY.—The Director of

3 Central Intelligence shall provide annually to the Sec4 retary of Defense an evaluation of the performance of the

5 Directors of the National Security Agency, the National

6 Imagery and Mapping Agency, and the National Recon7 naissance Office in fulfilling their respective responsibil8 ities with regard to the National Foreign Intelligence Pro9 gram.’’

10 NATIONAL ASSESSMENTS CENTER

11 SEC. 103. (a) Subsection 103(b) of the National Se12 curity Act of 1947 (50 U.S.C. 403–3(b)) is amended:

13 (1) in subsection (1)(A) by striking ‘‘National

14 Intelligence Council’’ in the title of the subsection

15 and where it appears in the text of the subsection

16 and inserting in lieu thereof ‘‘National Assessments

17 Center’’; and by inserting at the end of the sub18 section: ‘‘The Center shall be located at a place

19 readily accessible to policymaking officials and per20 sons who are not otherwise associated with the intel21 ligence community.’’;

22 (2) by striking ‘‘Council’’ where it appears and

23 inserting in lieu thereof ‘‘Center’’;

24 (3) in subsection (1)(B), by striking ‘‘on the

25 Council’’ and inserting in lieu thereof ‘‘at the Cen26 ter, or as contractors of the Center,’’
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1 (4) in subsection (2) by striking ‘‘and’’ at the

2 end of subsection (A), by renumbering subsection

3 ‘‘(B)’’ as subsection ‘‘(C)’’ and inserting in lieu

4 thereof:

5 ‘‘(B) produce classified and unclassified as6 sessments of long-term issues of major impor7 tance to United States national security inter8 ests; and’’

9 (5) by renumbering subsection ‘‘(4)’’ as ‘‘(5)’’

10 and subsection ‘‘(5)’’ as ‘‘(6)’’ and by inserting after

11 subsection (3) the following:

12 ‘‘(4) The Center shall, by entering into such

13 contractual relationships as may be appropriate, ob14 tain the services of substantive experts in the private

15 sector with respect to the preparation of particular

16 estimates or assessments.’’

17 NATIONAL IMAGERY AND MAPPING AGENCY

18 SEC. 104. Subsection 105(b)(2) of the National Secu19 rity Act of 1947 is amended by striking ‘‘Central Imagery

20 Office’’ and inserting in lieu thereof ‘‘National Imagery

21 and Mapping Agency’’.

22 TITLE II—TEMPORARY AUTHORITY TO

23 ELIMINATE CERTAIN POSITIONS

24 TEMPORARY AUTHORITY TO ELIMINATE POSITIONS

25 SEC. 201. (a) Notwithstanding any other provision

26 of law, the Director of Central Intelligence and the Sec-
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1 retary of Defense, for a period of one year from the date

2 of enactment of this title, may, in accordance with this

3 title, eliminate employee positions within the agencies of

4 the Intelligence Community subject to their respective au5 thority in order to achieve more effectively and efficiently

6 the mission of the agencies concerned, provided that such

7 authority shall be available only where the Director or the

8 Secretary determines that reductions in the workforce of

9 particular agencies of 10 percent or more above the per10 sonnel levels previously mandated by the Congress or the

11 President are needed.

12 (b) If the Secretary of Defense chooses to exercise

13 the authority provided by this title, he may delegate the

14 authority to carry out the remaining provisions of this title

15 to the head or heads of the intelligence agency or agencies

16 affected.

17 (c) If the Director of Central Intelligence or Sec18 retary of Defense chooses to exercise the authority pro19 vided by this title, the Director or the Secretary, as the

20 case may be, shall within 90 days of such determination

21 issue regulations to govern the exercise of this authority.

22 At a minimum, such regulations shall provide:

23 (1) With respect to employees who are incum24 bents of positions identified for elimination, the fol25 lowing shall apply:
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1 (A) For employees who are at the age to

2 retire but lack five years of service or less in

3 order to qualify for retirement; or who have the

4 service required for retirement and are within

5 five years of reaching the age to retire, such

6 employees shall be allowed to retire with full

7 benefits.

8 (B) For employees who do not qualify for

9 accelerated retirement under (A):

10 (i) A one-time payment of not less

11 than $35,000 nor more than $50,000 shall

12 be authorized, the precise amount to be de13 termined in accordance with criteria estab14 lished by the agency head. In any case

15 where the severance pay due an employee

16 under civil service reduction-in-force proce17 dures would be greater than the amount

18 authorized under this section, the amount

19 paid to the employee would be the sever20 ance pay;

21 (ii) The health and life insurance cov22 erage of such employees shall be continued

23 for a period of 12 months following loss of

24 employment; and
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1 (iii) Out-placement assistance shall be

2 provided by the employing agency to af3 fected employees for a period of 12 months

4 following termination of employment; or

5 (iv) An employee who is the incum6 bent of a position identified for elimination

7 may retain employment with the agency

8 provided that he or she can, in accordance

9 with criteria established by the agency

10 head, exchange positions with the incum11 bent of a position that has not been identi12 fied for elimination who would be eligible

13 for accelerated retirement under (A). In

14 this event, the employee eligible for accel15 erated retirement would be allowed to re16 tire with full benefits.

17 (d) Loss of employment pursuant to this title shall

18 not prejudice future employment with the Federal Govern19 ment. Any person who may be reemployed by the Federal

20 Government within two years of accepting compensation

21 pursuant to subsection (c)(1)(B)(i) herein shall be re22 quired to return the entire cash payment received to the

23 United States Treasury.
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1 (e) Nothing in this title affects the leave or benefits

2 to which an employee, whose position is terminated pursu3 ant to this title, may otherwise be entitled.

4 (f) Exercise of the authority provided by this title in

5 a manner that discriminates against any employee of an

6 intelligence agency on the basis of race, religion, age, gen7 der, sexual preference, or disability is prohibited.

8 REPORTING AND OVERSIGHT

9 SEC. 202. If the Director of Central Intelligence or

10 the Secretary of Defense chooses to exercise the authority

11 provided by this title, the Director of Central Intelligence

12 or the Secretary of Defense, as the case may be, shall—

13 (1) inform the congressional intelligence com14 mittees within seven days of his decision to exercise

15 the authority provided by this title;

16 (2) provide copies of the regulations required by

17 subsection 201(c) to the congressional intelligence

18 committees within seven days of their issuance; and

19 (3) within thirty days of the termination of this

20 authority, provide a detailed report to the congres21 sional intelligence committees with respect to the re22 sults obtained by use of this authority.

23 DEFINITIONS

24 SEC. 203. For purposes of this title—

25 (1) the term ‘‘congressional intelligence commit26 tees’’ means the Select Committee on Intelligence of
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1 the Senate and the Permanent Select Committee on

2 Intelligence of the House of Representatives;

3 (2) the term ‘‘employee’ has the same meaning

4 as set forth in 5 U.S.C. 2105;

5 (3) the term ‘‘Intelligence Community’’ has the

6 same meaning as defined by 50 U.S.C. 401a(4);

7 (4) the term ‘‘out-placement assistance’’ means

8 assistance in finding new employment outside the in9 telligence agency concerned and includes such activi10 ties as professional counseling, assistance in prepar11 ing resumes, making contacts with potential employ12 ers, and identifying potential job opportunities;

13 (5) the term ‘‘position’’ refers to a billet within

14 an organizational structure that has been formally

15 established pursuant to applicable law and agency

16 regulation;

17 (6) the term ‘‘reduction-in-force procedures’’ re18 fers to the procedures established pursuant to 5

19 U.S.C. 3502; and

20 (7) the terms ‘‘retire’’ and ‘‘retirement’’ encom21 pass each of the retirement systems in which em22 ployees of intelligence agencies may be participants

23 to include the Civil Service Retirement System (5

24 U.S.C. 8399), the Federal Employees Retirement
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1 System (5 U.S.C. 415), or the CIA Retirement and

2 Disability System (50 U.S.C. 2001, note).

3 TITLE III—INTELLIGENCE COMMUNITY SENIOR

4 EXECUTIVE SERVICE

5 SEC. 301. Title I of the National Security Act of

6 1947 is amended by inserting at the end thereof the fol7 lowing new section:

8 ‘‘INTELLIGENCE COMMUNITY SENIOR EXECUTIVE

9 SERVICE

10 ‘‘SEC. 110. (a) The Director of Central Intelligence

11 shall by regulation establish a personnel system for senior

12 civilian personnel within the Intelligence Community to be

13 known as the Intelligence Community Senior Executive

14 Service. This system shall include the Central Intelligence

15 Agency, the Defense Intelligence Agency, the Central Im16 agery Office, (or the National Imagery and Mapping

17 Agency), the National Security Agency, and Department

18 of Defense intelligence activities the civilian employees of

19 which are subject to section 1590 of title 10, United

20 States Code. The regulations establishing the Intelligence

21 Community Senior Executive Service shall be developed in

22 consultation with the Secretary of Defense and shall take

23 effect one year from the date of enactment of this title.

24 Such regulations shall—
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1 ‘‘(1) meet the requirements set forth in section

2 3131 of title 5, United States Code for the Senior

3 Executive Service;

4 ‘‘(2) provide that positions in the Intelligence

5 Community Senior Executive Service meet require6 ments that are consistent with the provisions of sec7 tion 3132(a)(2) of title 5, United States Code;

8 ‘‘(3) provide rates of pay for the Intelligence

9 Community Senior Executive Service that are not in

10 excess of the maximum rate or less than the mini11 mum rate of basic pay established for the Senior Ex12 ecutive Service under section 5382 of title 5, United

13 States Code, and that are adjusted at the same time

14 and to the same extent as rates of basic pay for the

15 Senior Executive Service are adjusted;

16 ‘‘(4) provide that nothing in this provision or

17 subsequent regulations shall be construed to allow

18 the aggregate amount payable to a member of the

19 Intelligence Community Senior Executive Service

20 during any fiscal year to exceed the annual rate pay21 able for positions at level I of the Executive Sched22 ule in effect at the end of such year;

23 ‘‘(5) provide a performance appraisal system for

24 the Intelligence Community Senior Executive Serv25 ice;
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1 ‘‘(6) provide for—

2 ‘‘(A) removal or suspension from the Intel3 ligence Community Senior Executive Service;

4 ‘‘(B) reduction-in-force procedures consist5 ent with section 3595(a) of title 5, United

6 States Code, together with measures to ensure

7 that a member of the Intelligence Community

8 Senior Executive Service may not be removed

9 due to reduction-in-force unless reasonable ef10 forts to place such a member in another posi11 tion are taken first;

12 ‘‘(C) procedures in accordance with which

13 any furlough affecting the Intelligence Commu14 nity Senior Executive Service shall be carried

15 out;

16 ‘‘(D) procedures setting forth due process

17 rights to which members of the Intelligence

18 Community Senior Executive Service are enti19 tled in cases of removal or suspension; and

20 ‘‘(E) recertification consistent with section

21 3393a of title 5, United States Code.

22 ‘‘(6) permit the payment of performance awards

23 to members of the Intelligence Community Senior

24 Executive Service consistent with the provisions ap-
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1 plicable to performance awards under section 5384

2 of title 5, United States Code;

3 ‘‘(7) provide that members of the Intelligence

4 Community Senior Executive Service may be grant5 ed sabbatical leaves consistent with the provisions of

6 section 3396(c) of title 5, United States Code.

7 ‘‘(b)(1) Except as provided in subsection (a), the Di8 rector of Central Intelligence—

9 ‘‘(A) may make applicable to the Intelligence

10 Community Senior Executive Service any of the pro11 visions of this title applicable to applicants for or

12 members of the Intelligence Community Senior Ex13 ecutive Service; and

14 ‘‘(B) shall delegate to the heads of the Defense

15 Intelligence Agency, the Central Imagery Office (or

16 the National Imagery and Mapping Agency), the

17 National Security Agency, and to the Department of

18 Defense intelligence activities the civilian employees

19 of which are subject to section 1590 of title 10,

20 United States Code, the authority to appoint, pro21 mote, and assign individuals to Intelligence Commu22 nity Senior Executive Service positions within their

23 respective agencies or activities without regard to

24 the provisions of title 5, United States Code, govern25 ing appointments and other personnel actions in the
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1 competitive service, provided that such actions shall

2 be subject to the approval of the Director of Central

3 Intelligence in accordance with the regulations pro4 mulgated pursuant to section (a).

5 ‘‘(2)(A) Notwithstanding any other provision of this

6 title, any individual who is a member of the Senior Execu7 tive Service or an equivalent personnel system at the

8 Central Intelligence Agency, the Defense Intelligence

9 Agency, the Central Imagery Office (or the National Im10 agery and Mapping Agency), the National Security Agen11 cy, or a Department of Defense intelligence activity the

12 civilian employees of which are subject to section 1590 of

13 title 10, United States Code, at the time the Intelligence

14 Community Senior Executive Service is established pursu15 ant to this title shall be a member of the Intelligence Com16 munity Senior Executive Service.

17 ‘‘(B) Once the Intelligence Community Senior Execu18 tive Service has been established, no individual may be se19 lected for membership unless such individual is a career

20 employee of the Intelligence Community and has served

21 at least one assignment outside his or her employing agen22 cy. For purposes of this subsection, ‘‘career employee of

23 the Intelligence Community’’ shall have such meaning as

24 the Director of Central Intelligence, in consultation with
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1 the Director of the Office of Personnel Management, by

2 regulation prescribes.

3 ‘‘(c) The President, based upon the recommendations

4 of the Director of Central Intelligence, may award ranks

5 to members of the Intelligence Community Senior Execu6 tive Service in a manner consistent with section 4507 of

7 title 5, United States Code.

8 ‘‘(d) Notwithstanding any other provision of law, the

9 Director of Central Intelligence, with the concurrence of

10 the head of the intelligence agency affected, may detail

11 or assign, for the benefit of the Intelligence Community,

12 any member of the Intelligence Community Senior Execu13 tive Service to serve in a position outside of the individ14 ual’s parent organization, including elsewhere in the Intel15 ligence Community, another Government agency, or out16 side the Federal Government. Any such member shall not

17 by reason of such detail or assignment lose any entitle18 ment or status associated with membership in the Intel19 ligence Community Senior Executive Service.

20 ‘‘(e) The Director of Central Intelligence shall submit

21 to the Congress each year, at the time the budget is sub22 mitted by the President for the next fiscal year, a report

23 on the Intelligence Community Senior Executive Service.

24 The report shall include, in the aggregate and by agency—
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1 ‘‘(1) the number of Intelligence Community

2 Senior Executive Service positions established as of

3 the end of the preceding fiscal year;

4 ‘‘(2) the number of individuals being paid at

5 each rate of basic pay for the Intelligence Commu6 nity Senior Executive Service as of the end of the

7 preceding fiscal year;

8 ‘‘(3) the number, distribution, and amount of

9 awards paid to members of the Intelligence Commu10 nity Senior Executive Service during the preceding

11 fiscal year; and

12 ‘‘(4) the number of individuals removed from

13 the Intelligence Community Senior Executive Service

14 during the preceding fiscal year—

15 ‘‘(A) for less than fully successful perform16 ance;

17 ‘‘(B) due to a reduction-in-force; or

18 ‘‘(C) for any other reason.’’

19 SEC. 302. Effective one year from the date of enact20 ment of this title:

21 (a) Subsections 12 (a) and (c) of the National

22 Security Agency Act of 1959 are repealed.

23 (b) Section 1601 and 1603 of chapter 83 of

24 title 10, United States Code, are repealed; and sub25 section 1604(b) is amended by striking ‘‘Defense In-
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1 telligence Senior Executive Service’’ and inserting in

2 lieu thereof ‘‘Intelligence Community Senior Execu3 tive Service’’.

4 (c) Section 1590 of title 10, United States

5 Code, is amended by—

6 (1) inserting at the beginning of subsection

7 (a) ‘‘Except as provided by section 110 of the

8 National Security Act of 1947 (as added by this

9 title)’’;

10 (2) striking subsection (a)(1) and inserting

11 in lieu thereof:

12 ‘‘(1) establish such positions for civilian intel13 ligence officers and employees of the military depart14 ments as may be necessary to carry out the intel15 ligence functions of such departments;’’

16 (3) in subsection (b) by striking the second

17 sentence and by striking ‘‘Senior Executive

18 Service of a military department’’ in the third

19 sentence and inserting in lieu thereof ‘‘Intel20 ligence Community Senior Executive Service’’;

21 and

22 (4) striking subsections (f) and (g) in their

23 entirety.

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