[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1593 Introduced in Senate (IS)]

  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act shall be 
referred to as the ``Intelligence Organization Act of 1996''.

        TITLE I--AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947

          creation of deputy directors of central intelligence

    Sec. 101. (a) Subsection 102(b) of the National Security Act of 
1947 (50 U.S.C. 403(b)) is amended by striking the subsection in its 
entirety and by inserting in lieu thereof:
    ``(b) To assist the Director of Central Intelligence in carrying 
out the Director's responsibilities under this Act, there shall be a 
Deputy Director of Central Intelligence for the Intelligence Community 
and Deputy Director of Central Intelligence for the Central 
Intelligence Agency.
            ``(1) The Deputy Director of Central Intelligence for the 
        Intelligence Community shall be appointed by the President, by 
        and with the advice and consent of the Senate, and shall act 
        for, and exercise the powers of, the Director during the 
        Director's absence or disability. This official shall assist 
        the Director of Central Intelligence in carrying out his 
        responsibilities pursuant to subsection 103(c) of this Act.
            ``(2) The Deputy Director of Central Intelligence for the 
        Central Intelligence Agency shall be appointed by the 
        President, by and with the advice and consent of the Senate, 
        for a term not to exceed six years, which shall be renewed by 
        the President at the end of two years and at the end of four 
        years of service in this position. This official shall assist 
        the Director of Central Intelligence in carrying out his 
        responsibilities pursuant to subsections 103 (a) and (d) of 
        this Act.''
    (b) Subsection 102(c)(1) of the National Security Act of 1947 is 
amended by--
            (1) Striking ``Deputy Director'' and inserting in lieu 
        thereof ``either of the Deputy Directors''; and
            (2) Striking ``both positions be simultaneously'' and 
        inserting in lieu thereof ``more than one of the three 
        positions be''.
    (c) Subsection (c)(2) of the National Security Act of 1947 is 
amended by striking ``the Deputy Director'' and inserting in lieu 
thereof ``one of the Deputy Directors''.

   role of the director of central intelligence with respect to the 
 appointments and evaluations of the heads of certain agencies within 
                       the intelligence community

    Sec. 102. (a) Section 106 of the National Security Act of 1947 (50 
U.S.C. 403-6) is amended by striking the title and text of the section 
in their entirety and inserting in lieu thereof:

     ``administrative provisions pertaining to the appointment and 
       evaluation of officials within the intelligence community

    ``Sec. 106. (a) Concurrence of the DCI in Certain Appointments.--
The concurrence of the Director of Central Intelligence shall be 
required with respect to the appointment of the head of the National 
Security Agency, the Central Imagery Office, and the National 
Reconnaissance Office, when made by the Secretary of Defense, or shall 
be required to accompany the recommendation of the Secretary of Defense 
when such appointments are made by the President.
    (b) ``Consultations With Regard to Certain Appointments.--The 
Director of Central Intelligence shall be consulted by the Secretary of 
Defense prior to the appointment of the Director, Defense Intelligence 
Agency; by the Secretary of State, prior to the appointment of the 
Assistant Secretary of State (Intelligence and Research); by the 
Secretary of Energy prior to the appointment of the Director, Office of 
Nonproliferation and National Security; and by the Director of the 
Federal Bureau of Investigation prior to appointment of the Assistant 
Director for the National Security Division of the Federal Bureau 
of Investigation.
    ``(c) Evaluation of Certain Officials Within the Intelligence 
Community.--The Director of Central Intelligence shall provide annually 
to the Secretary of Defense an evaluation of the performance of the 
Directors of the National Security Agency, the National Imagery and 
Mapping Agency, and the National Reconnaissance Office in fulfilling 
their respective responsibilities with regard to the National Foreign 
Intelligence Program.''

                      national assessments center

    Sec. 103. (a) Subsection 103(b) of the National Security Act of 
1947 (50 U.S.C. 403-3(b)) is amended:
            (1) in subsection (1)(A) by striking ``National 
        Intelligence Council'' in the title of the subsection and where 
        it appears in the text of the subsection and inserting in lieu 
        thereof ``National Assessments Center''; and by inserting at 
        the end of the subsection: ``The Center shall be located at a 
        place readily accessible to policymaking officials and persons 
        who are not otherwise associated with the intelligence 
        community.'';
            (2) by striking ``Council'' where it appears and inserting 
        in lieu thereof ``Center'';
            (3) in subsection (1)(B), by striking ``on the Council'' 
        and inserting in lieu thereof ``at the Center, or as 
        contractors of the Center,''
            (4) in subsection (2) by striking ``and'' at the end of 
        subsection (A), by renumbering subsection ``(B)'' as subsection 
        ``(C)'' and inserting in lieu thereof:
                    ``(B) produce classified and unclassified 
                assessments of long-term issues of major importance to 
                United States national security interests; and''
            (5) by renumbering subsection ``(4)'' as ``(5)'' and 
        subsection ``(5)'' as ``(6)'' and by inserting after subsection 
        (3) the following:
            ``(4) The Center shall, by entering into such contractual 
        relationships as may be appropriate, obtain the services of 
        substantive experts in the private sector with respect to the 
        preparation of particular estimates or assessments.''

                  national imagery and mapping agency

    Sec. 104. Subsection 105(b)(2) of the National Security Act of 1947 
is amended by striking ``Central Imagery Office'' and inserting in lieu 
thereof ``National Imagery and Mapping Agency''.

      TITLE II--TEMPORARY AUTHORITY TO ELIMINATE CERTAIN POSITIONS

               temporary authority to eliminate positions

    Sec. 201. (a) Notwithstanding any other provision of law, the 
Director of Central Intelligence and the Secretary of Defense, for a 
period of one year from the date of enactment of this title, may, in 
accordance with this title, eliminate employee positions within the 
agencies of the Intelligence Community subject to their respective 
authority in order to achieve more effectively and efficiently the 
mission of the agencies concerned, provided that such authority shall 
be available only where the Director or the Secretary determines that 
reductions in the workforce of particular agencies of 10 percent or 
more above the personnel levels previously mandated by the Congress or 
the President are needed.
    (b) If the Secretary of Defense chooses to exercise the authority 
provided by this title, he may delegate the authority to carry out the 
remaining provisions of this title to the head or heads of the 
intelligence agency or agencies affected.
    (c) If the Director of Central Intelligence or Secretary of Defense 
chooses to exercise the authority provided by this title, the Director 
or the Secretary, as the case may be, shall within 90 days of such 
determination issue regulations to govern the exercise of this 
authority. At a minimum, such regulations shall provide:
            (1) With respect to employees who are incumbents of 
        positions identified for elimination, the following shall 
        apply:
                    (A) For employees who are at the age to retire but 
                lack five years of service or less in order to qualify 
                for retirement; or who have the service required for 
                retirement and are within five years of reaching the 
                age to retire, such employees shall be allowed to 
                retire with full benefits.
                    (B) For employees who do not qualify for 
                accelerated retirement under (A):
                            (i) A one-time payment of not less than 
                        $35,000 nor more than $50,000 shall be 
                        authorized, the precise amount to be determined 
                        in accordance with criteria established by the 
                        agency head. In any case where the severance 
                        pay due an employee under civil service 
                        reduction-in-force procedures would be greater 
                        than the amount authorized under this section, 
                        the amount paid to the employee would be the 
                        severance pay;
                            (ii) The health and life insurance coverage 
                        of such employees shall be continued for a 
                        period of 12 months following loss of 
                        employment; and
                            (iii) Out-placement assistance shall be 
                        provided by the employing agency to affected 
                        employees for a period of 12 months following 
                        termination of employment; or
                            (iv) An employee who is the incumbent of a 
                        position identified for elimination may retain 
                        employment with the agency provided that he or 
                        she can, in accordance with criteria 
                        established by the agency head, exchange 
                        positions with the incumbent of a position that 
                        has not been identified for elimination who 
                        would be eligible for accelerated retirement 
                        under (A). In this event, the employee eligible 
                        for accelerated retirement would be allowed to 
                        retire with full benefits.
    (d) Loss of employment pursuant to this title shall not prejudice 
future employment with the Federal Government. Any person who may be 
reemployed by the Federal Government within two years of accepting 
compensation pursuant to subsection (c)(1)(B)(i) herein shall be 
required to return the entire cash payment received to the United 
States Treasury.
    (e) Nothing in this title affects the leave or benefits to which an 
employee, whose position is terminated pursuant to this title, may 
otherwise be entitled.
    (f) Exercise of the authority provided by this title in a manner 
that discriminates against any employee of an intelligence agency on 
the basis of race, religion, age, gender, sexual preference, or 
disability is prohibited.

                        reporting and oversight

    Sec. 202. If the Director of Central Intelligence or the Secretary 
of Defense chooses to exercise the authority provided by this title, 
the Director of Central Intelligence or the Secretary of Defense, as 
the case may be, shall--
            (1) inform the congressional intelligence committees within 
        seven days of his decision to exercise the authority provided 
        by this title;
            (2) provide copies of the regulations required by 
        subsection 201(c) to the congressional intelligence committees 
        within seven days of their issuance; and
            (3) within thirty days of the termination of this 
        authority, provide a detailed report to the congressional 
        intelligence committees with respect to the results obtained by 
        use of this authority.

                              definitions

    Sec. 203. For purposes of this title--
            (1) the term ``congressional intelligence committees'' 
        means the Select Committee on Intelligence of the Senate and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives;
            (2) the term ``employee' has the same meaning as set forth 
        in 5 U.S.C. 2105;
            (3) the term ``Intelligence Community'' has the same 
        meaning as defined by 50 U.S.C. 401a(4);
            (4) the term ``out-placement assistance'' means assistance 
        in finding new employment outside the intelligence agency 
        concerned and includes such activities as professional 
        counseling, assistance in preparing resumes, making contacts 
        with potential employers, and identifying potential job 
        opportunities;
            (5) the term ``position'' refers to a billet within an 
        organizational structure that has been formally established 
        pursuant to applicable law and agency regulation;
            (6) the term ``reduction-in-force procedures'' refers to 
        the procedures established pursuant to 5 U.S.C. 3502; and
            (7) the terms ``retire'' and ``retirement'' encompass each 
        of the retirement systems in which employees of intelligence 
        agencies may be participants to include the Civil Service 
        Retirement System (5 U.S.C. 8399), the Federal Employees 
        Retirement System (5 U.S.C. 415), or the CIA Retirement and 
        Disability System (50 U.S.C. 2001, note).

       TITLE III--INTELLIGENCE COMMUNITY SENIOR EXECUTIVE SERVICE

    Sec.  301. Title I of the National Security Act of 1947 is amended 
by inserting at the end thereof the following new section:

           ``intelligence community senior executive service

    ``Sec. 110. (a) The Director of Central Intelligence shall by 
regulation establish a personnel system for senior civilian personnel 
within the Intelligence Community to be known as the Intelligence 
Community Senior Executive Service. This system shall include the 
Central Intelligence Agency, the Defense Intelligence Agency, the 
Central Imagery Office, (or the National Imagery and Mapping Agency), 
the National Security Agency, and Department of Defense intelligence 
activities the civilian employees of which are subject to section 1590 
of title 10, United States Code. The regulations establishing the 
Intelligence Community Senior Executive Service shall be developed in 
consultation with the Secretary of Defense and shall take effect one 
year from the date of enactment of this title. Such regulations shall--
            ``(1) meet the requirements set forth in section 3131 of 
        title 5, United States Code for the Senior Executive Service;
            ``(2) provide that positions in the Intelligence Community 
        Senior Executive Service meet requirements that are consistent 
        with the provisions of section 3132(a)(2) of title 5, United 
        States Code;
            ``(3) provide rates of pay for the Intelligence Community 
        Senior Executive Service that are not in excess of the maximum 
        rate or less than the minimum rate of basic pay established for 
        the Senior Executive Service under section 5382 of title 5, 
        United States Code, and that are adjusted at the same time and 
        to the same extent as rates of basic pay for the Senior 
        Executive Service are adjusted;
            ``(4) provide that nothing in this provision or subsequent 
        regulations shall be construed to allow the aggregate amount 
        payable to a member of the Intelligence Community Senior 
        Executive Service during any fiscal year to exceed the annual 
        rate payable for positions at level I of the Executive Schedule 
        in effect at the end of such year;
            ``(5) provide a performance appraisal system for the 
        Intelligence Community Senior Executive Service;
            ``(6) provide for--
                    ``(A) removal or suspension from the Intelligence 
                Community Senior Executive Service;
                    ``(B) reduction-in-force procedures consistent with 
                section 3595(a) of title 5, United States Code, 
                together with measures to ensure that a member of the 
                Intelligence Community Senior Executive Service may not 
                be removed due to reduction-in-force unless reasonable 
                efforts to place such a member in another position are 
                taken first;
                    ``(C) procedures in accordance with which any 
                furlough affecting the Intelligence Community Senior 
                Executive Service shall be carried out;
                    ``(D) procedures setting forth due process rights 
                to which members of the Intelligence Community Senior 
                Executive Service are entitled in cases of removal or 
                suspension; and
                    ``(E) recertification consistent with section 3393a 
                of title 5, United States Code.
            ``(6) permit the payment of performance awards to members 
        of the Intelligence Community Senior Executive Service 
        consistent with the provisions applicable to performance awards 
        under section 5384 of title 5, United States Code;
            ``(7) provide that members of the Intelligence Community 
        Senior Executive Service may be granted sabbatical leaves 
        consistent with the provisions of section 3396(c) of title 5, 
        United States Code.
    ``(b)(1) Except as provided in subsection (a), the Director of 
Central Intelligence--
            ``(A) may make applicable to the Intelligence Community 
        Senior Executive Service any of the provisions of this title 
        applicable to applicants for or members of the Intelligence 
        Community Senior Executive Service; and
            ``(B) shall delegate to the heads of the Defense 
        Intelligence Agency, the Central Imagery Office (or the 
        National Imagery and Mapping Agency), the National Security 
        Agency, and to the Department of Defense intelligence 
        activities the civilian employees of which are subject to 
        section 1590 of title 10, United States Code, the authority to 
        appoint, promote, and assign individuals to Intelligence 
        Community Senior Executive Service positions within their 
        respective agencies or activities without regard to the 
        provisions of title 5, United States Code, governing 
        appointments and other personnel actions in the competitive 
        service, provided that such actions shall be subject to the 
        approval of the Director of Central Intelligence in accordance 
        with the regulations promulgated pursuant to section (a).
    ``(2)(A) Notwithstanding any other provision of this title, any 
individual who is a member of the Senior Executive Service or an 
equivalent personnel system at the Central Intelligence Agency, the 
Defense Intelligence Agency, the Central Imagery Office (or the 
National Imagery and Mapping Agency), the National Security Agency, or 
a Department of Defense intelligence activity the civilian employees of 
which are subject to section 1590 of title 10, United States Code, at 
the time the Intelligence Community Senior Executive Service is 
established pursuant to this title shall be a member of the 
Intelligence Community Senior Executive Service.
    ``(B) Once the Intelligence Community Senior Executive Service has 
been established, no individual may be selected for membership unless 
such individual is a career employee of the Intelligence Community and 
has served at least one assignment outside his or her employing agency. 
For purposes of this subsection, ``career employee of the Intelligence 
Community'' shall have such meaning as the Director of Central 
Intelligence, in consultation with the Director of the Office of 
Personnel Management, by regulation prescribes.
    ``(c) The President, based upon the recommendations of the Director 
of Central Intelligence, may award ranks to members of the Intelligence 
Community Senior Executive Service in a manner consistent with section 
4507 of title 5, United States Code.
    ``(d) Notwithstanding any other provision of law, the Director of 
Central Intelligence, with the concurrence of the head of the 
intelligence agency affected, may detail or assign, for the benefit of 
the Intelligence Community, any member of the Intelligence Community 
Senior Executive Service to serve in a position outside of the 
individual's parent organization, including elsewhere in the 
Intelligence Community, another Government agency, or outside the 
Federal Government. Any such member shall not by reason of such detail 
or assignment lose any entitlement or status associated with membership 
in the Intelligence Community Senior Executive Service.
    ``(e) The Director of Central Intelligence shall submit to the 
Congress each year, at the time the budget is submitted by the 
President for the next fiscal year, a report on the Intelligence 
Community Senior Executive Service. The report shall include, in the 
aggregate and by agency--
            ``(1) the number of Intelligence Community Senior Executive 
        Service positions established as of the end of the preceding 
        fiscal year;
            ``(2) the number of individuals being paid at each rate of 
        basic pay for the Intelligence Community Senior Executive 
        Service as of the end of the preceding fiscal year;
            ``(3) the number, distribution, and amount of awards paid 
        to members of the Intelligence Community Senior Executive 
        Service during the preceding fiscal year; and
            ``(4) the number of individuals removed from the 
        Intelligence Community Senior Executive Service during the 
        preceding fiscal year--
                    ``(A) for less than fully successful performance;
                    ``(B) due to a reduction-in-force; or
                    ``(C) for any other reason.''
    Sec. 302. Effective one year from the date of enactment of this 
title:
            (a) Subsections 12 (a) and (c) of the National Security 
        Agency Act of 1959 are repealed.
            (b) Section 1601 and 1603 of chapter 83 of title 10, United 
        States Code, are repealed; and subsection 1604(b) is amended by 
        striking ``Defense Intelligence Senior Executive Service'' and 
        inserting in lieu thereof ``Intelligence Community Senior 
        Executive Service''.
            (c) Section 1590 of title 10, United States Code, is 
        amended by--
                    (1) inserting at the beginning of subsection (a) 
                ``Except as provided by section 110 of the National 
                Security Act of 1947 (as added by this title)'';
                    (2) striking subsection (a)(1) and inserting in 
                lieu thereof:
            ``(1) establish such positions for civilian intelligence 
        officers and employees of the military departments as may be 
        necessary to carry out the intelligence functions of such 
        departments;''
                    (3) in subsection (b) by striking the second 
                sentence and by striking ``Senior Executive Service of 
                a military department'' in the third sentence and 
                inserting in lieu thereof ``Intelligence Community 
                Senior Executive Service''; and
                    (4) striking subsections (f) and (g) in their 
                entirety.
                                 <all>
S 1593 IS----2