LETTER TO MR. JAMES T. LYNN FROM GEORGE BUSH
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP78M02660R000800030003-5
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
17
Document Creation Date:
December 16, 2016
Document Release Date:
January 19, 2005
Sequence Number:
3
Case Number:
Publication Date:
June 2, 1976
Content Type:
LETTER
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WASHINGTON, D.C. 20505
2 JUN 1976
Mr. James T. Lynn, Director
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
This submits proposed legislation in accordance with Office of
Management and Budget Circular No. A-19, revised. Enclosed are six
copies of a draft bill, "To amend the National Security Act of 1947, as
amended, and for other purposes." Also enclosed are copies of a sectional
analysis, a comparison with existing law, cost analysis, and drafts of the
letters of transmittal to the President of the Senate and the Speaker of the
I-louse of Representatives.
The proposed legislation amends Section 102 of the National Security
Act of 1947 by creating, in lieu of the one Deputy Director of Central
Intelligence currently provided for in that Section, two Deputy Directors:
a Deputy Director of Central Intelligence for the Central Intelligence Agency
and a Deputy Director of Central Intelligence for the Intelligence Community.
The proposed legislation authorizes the Director to delegate to each of the
Deputy Directors any of the authorities vested in him by virtue of his position
as Director of Central Intelligence and as head of the Central Intelligence
Agency, It provides that the Director and Deputy Directors shall be appointed
by the President with the advice and consent of the Senate. It provides
further that the positions of Director of Central Intelligence and Deputy
Director of Central Intelligence for the Central Intelligence Agency shall
not be occupied simultaneously by a commissioned officer of the armed
services,
The National Security Act of 1947 established the Office of Director
of Central Intelligence as executive head of the Central Intelligence Agency.
Among his responsibilities under the Act, the Director is charged with the
oversight and coordination of the foreign intelligence community. Over the
years, this latter supra-departmental responsibility has become increasingly
important. The President, through Executive Order 11905, has recently
taken steps to further enhance the role of the Director in coordinating the
activities of the intelligence community.
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The Director's expanding duties in administering the intelligence
community, handling relations with other components of the Government,
serving as the Government's principal foreign intelligence adviser, and
passing on broad questions of policy, leave him less time for day-to-day
supervision of the Agency. It has become apparent that the Director must
have the support of two deputies if he is to function effectively in his dual
role as administrative head of the Central Intelligence Agency and. overall
coordinator of the intelligence community.
In this connection, the President's Commission on CIA Activities
Within the United States has recommended the creation of two statutory
deputies to improve supervision and management of the Central Intelligence
Agency and to assist the Director in his community responsibilities. The
President has already taken administrative action to this effect in Executive
Order 11905 by directing the Director of Central Intelligence to delegate
the day-to-day operation of the CIA to the Deputy Director of Central
Intelligence and by creating the position of "Deputy to the Director of Central
Intelligence for the Intelligence Community" to assist the Director in his
supervision of the intelligence community. Because of the nature of their
respective positions and the responsibility imposed upon them, it is recognized
that it would be desirable for both deputies to be politically accountable
officials--appointed by the President and confirmed by the Senate. In addition,
the Senate Select Committee on Intelligence in its Final Report specifically
recommended elevating the deputy position created in Executive Order 11905
to a statutory position of Deputy Director of Central Intelligence for the
Intelligence Community.
Your advice is requested as to whether there is any objection to the
submission of the proposed legislation to the Congress from the standpoint
of the Administration's program.
Sincerely,
George Bush
Director.
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A BILL
To amend the National Security Act of 1947, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 102(a) of the National Security Act of 1.947
(50 U.S.C.A. 403(a)) is amended to read as follows:
"(a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central
Intelligence who shall be the head thereof. There shall be two
Deputy Directors of Central Intelligence: a Deputy Director of
Central Intelligence for the Central Intelligence Agency (Deputy
Director, Agency) and a Deputy Director of Central Intelligence
for the Intelligence Community (Deputy Director, Community).
The Director may, to the extent he deems appropriate and without
being relieved of his responsibility, delegate to each of the Deputy
Directors any of those authorities vested in him by virtue of his position
as Director of Central Intelligence and as head of the Central Intelligence
Agency. The Director may perform any of his functions or duties, or
exercise any of his powers through, or with the aid of, such persons
in, or organizations of, the Central Intelligence Agency as he may
designate. The Director and the Deputy Directors shall be appointed
by the President, by and with the advice and consent of the Senate,
from among individuals in civilian life or from among the commissioned.
officers of the armed services whether in active or retired status:
Provided, however, that at no time shall the positions of Director and
Deputy Director, Agency, be occupied simultaneously by a commissioned
officer of the armed services, whether in an active or retired status."
SECTION 2. (a) Section 102 (b) (3) of the National Security Act of
1947 (50 U.S.C.A. 403(b) (3)) is amended by striking the words "of Central
Intelligence" wherever they appear in that subsection.
(b) Section 3(b) of the Central Intelligence Agency Act of 1949
(50 U. S. C. A. 403c (b)) is amended to read as follows:
" (b) In the exercise of the authorities granted in subsection
(a) of this section, the term "Agency head" shall mean the Director
of Central Intelligence, or the Deputy Director of Central Intelligence
for the Central Intelligence Agency. "
(c) Section 5314(36) of title 5, United States Code, is amended by
striking the word "Director" and inserting in lieu thereof tie word
"Directors. "
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SECTIONAL ANALYSIS AND EXPLANATION
This draft bill amends subsection (a) of section 102 of the National
Security Act of 1947 by creating two Deputy Directors of Central Intelligence
in lieu of the one Deputy Director currently provided for in that section.
In effect, the bill redesignates the existing position of "Deputy Director of
Central Intelligence" as "Deputy Director of Central Intelligence for the
Central Intelligence Agency" (Deputy Director, Agency), and elevates
the administratively-created position of "Deputy to the Director of Central
Intelligence for the Intelligence Community" to the statutory position of
"Deputy Director of Central Intelligence for the Intelligence Community"
(Deputy Director, Community), to be appointed by the President with the
advice and consent of the Senate. In addition, the draft bill makes certain
conforming amendments.
The first sentence of amended subsection (a), establishing a
Central Intelligence Agency headed by a Director of Central Intelligence,
corresponds to existing law.
The second sentence of amended subsection (a) replaces the
existing single position of Deputy Director of Central Intelligence with two
deputy positions: a Deputy Director of Central Intelligence for the Central
Intelligence Agency and a Deputy Director of Central Intelligence for the
Intelligence Community.
The third sentence of amended subsection (a) permits the Director
of Central Intelligence to delegate and apportion to each of the Deputy
Directors their respective authorities and responsibilities. The scope and
nature of such assignment is within the discretion of the Director, and he
may thus delegate any of those authorities vested in him by virtue of his
position either as Director of Central Intelligence or as head of the Central
Intelligence Agency. Through such delegation the Director may provide
for the performance of his duties and the exercise of his powers in the
event of his absence or disability. In delegating authorities to the two
deputies, the Director shall not be relieved of his ultimate responsibility,
and thus the deputies shall act under the direction, authority and control
of the Director in the performance of their respective duties.
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The fourth sentence of amended subsection (a) confirms the authority
of the Director of Central Intelligence, in the exercise of his authorities and
performance of his duties as head of the Central Intelligence Agency, to act
through, or with the aid of, such persons in the Central Intelligence Agency
as he may designate.
The penultimate sentence of amended subsection (a) provides that
the Director of Central Intelligence and both Deputy Directors of Central
Intelligence shall be appointed by the President, by and with the advice
and consent of the Senate, from among civilians or commissioned officers.
This corresponds to existing law applicable to the Director and Deputy
Director of Central Intelligence. Heretofore, however, the Director has
appointed the "Deputy to the Director of Central Intelligence for the
Intelligence Community," an administratively-created position.
The final proviso of amended subsection (a) assures that either
the Director of Central Intelligence or the Deputy Director of Central
Intelligence for the Central Intelligence Agency will be civilian. This
corresponds to existing law with respect to the Director and Deputy
Director of Central Intelligence.
Subsections (a) and (b) amend the National Security Act of 1947
and the Central Intelligence Agency Act of 1949 where necessary to reflect
the creation of the second statutory Deputy Director.
Subsection (c) sets the rate of pay for both Deputy Director positions
at level III of the Executive Schedule, which is the level of the present
Deputy Director of Central Intelligence.
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Changes in existing law made by the draft bill are shown as follows:
existing law in which no change is proposed is shown in roman; existing,
law proposed to be omitted is enclosed in brackets; new matter is under-
scored.
NATIONAL SECURITY ACT OF 1947
as amended
(50 U.S.C.A. 403)
TITLE I -- COORDINATION FOR NATIONAL SECURITY
CENTRAL INTELLIGENCE AGENCY
SEC. 102 (a) There is established under the National Security Council
a Central Intelligence Agency with a Director of Central Intelligence who
shall be the head thereof [, ] . [and with a Deputy Director of Central Intelligence
who shall act for, and exercise the powers of, the Director during his absence
of disability.] There shall be two Deputy Directors of Central Intelligence:
a Deputy Director of Central Intelligence for the Central Intelligence Agency
(Deputy Director, Agency) and a De uty Director of Central r___ i. ence
for the Intelligence Community (Deputy Director, Community . The Director
may, to the extent he deems appropriate and without being relieved of his
is
responsibility, delegate to each of the Deputy Directors anyofthose authorities
vested in him by. virtue of is position as Director o Central Inte~gence
and as head of the Central Intelligence Agency. The Director may-perform
any of his functions or duties, or exercise a of his powers through, or
with the aid of, such persons in, or organizations of, the Central Intelligence
Agency, as he may designate. The Director and the Deputy Directors shal.l
be appointed by the President, by and with the advice and consent of the
Senate, from among [the commissioned officers of the armed services, whether
in active or retired status, or from among] individuals in civilian life, or
from among the commissioned officers of the armed services whether in
active or retired status: Provided, however, that at no time shall tle two]
positions o Director and Deputy Director,_Aency be occupied simultaneously
by a commissioned officer of the armed services, whether in. active or retired
status.
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(b) (3) The rank or grade of any such commissioned officer shall,
during the period in which such commissioned officer occupies the office
of Director [of Central Intelligence] , or Deputy Director [of Central
Intelligence] , be in addition to the numbers and percentages otherwise
authorized and appropriated for the armed service of which he is a member.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
as amended
(50 U.S.C.A. 403 a-j)
SEC. 3. (b) In the exercise of the authorities granted in subsection
(a) of this section, the term "Agency head" shall. mean the [Director,
Deputy Director, or the Executive head of the Agency] Director of Central
Intelligence, or the Deputy Director of Central Intelligence for the Central
Intelligence Agency.
TITLE 5
UNITED STATES CODE
GOVERNMENT ORGANIZATION AND EMPLOYEES
CHAPTER 53 - PAY RATES AND SYSTEMS
SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES
?5314. Positions at Level III
(36) Deputy Directors of Central Intelligence
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CENTRAL INTELLIGENCE AGENCY
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Honorable Nelson A. Rockefeller
President of the Senate
Washington, D.C. 20510
This letter transmits for the consideration of the Congress a draft
bill to amend the National Security Act of 1947, as amended.
The National Security Act of 1947 established the Office of Director
of Central Intelligence as executive head of the Central Intelligence Agency.
Among his responsibilities under the Act, the Director is charged with the
oversight and coordination of the entire intelligence community. Over the
years, this latter supra-departmental responsibility has become increasingly
important. The President, through Executive Order 1.1.905, has recently
taken steps to enhance further the role of the Director in. coordinating the
activities of the intelligence community.
The Director's expanding duties in administering the intelligence
community, handling relations with other components in. the Government,
serving as the Government's principal foreign intelligence adviser, and
passing on broad questions of policy leave him less time for day-to-day
supervision of the Agency. Under the National Security Act of 1947, as
amended, the Director's chief assistant is the Deputy Director of Central
Intelligence. This position has generally been held by a high-ranking
military officer, with responsibilities for maintaining liaison with the
Department of Defense, fostering the Agency's relationship with the military
services, and providing Agency management with necessary experience
and skill in understanding particular intelligence requirements of the
military. The Deputy Directors of Central Intelligence have generally not
been involved in administration of the Central Intelligence Agency.
It has become apparent that the Director of Central Intelligence must
have the support of two deputies if he is to function effectively in his dual
role as administrative head of the Central Intelligence Agency and overall.
coordinator of the intelligence community. He needs one deputy to assist
him in the day-to-day management of the Central Intelligence Agency and
another deputy to assist him with intelligence community matters.
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In this connection, the President's Commission on CIA Activities Within
the United States has recommended the creation of two statutory deputies
to improve supervision and management of the Central Intelligence Agency and
to assist the Director in his community responsibilities. The President has
already taken administrative action to this effect in Executive Order 11905
by directing the Director of Central Intelligence to delegate the day-to-day
operation of the CIA to the Deputy Director of Central Intelligence and by
creating the position of "Deputy to the Director of Central Intelligence for
the Intelligence Community" to assist the Director in his supervision of the
intelligence community. Because of the nature of their respective positions,
it is recognized that it would be desirable for both deputies to be politically
accountable officials--appointed by the President and confirmed by the
Senate. In its Final Report, the Senate Select Committee on Intelligence
specifically recommended elevating the deputy position created in Executive
Order 11905 to a statutory position of Deputy Director of Central Intelligence
for the Intelligence Community.
Accordingly, the proposed legislation amends section 102 of the
National Security Act of 1947 by creating, in lieu of the one Deputy Director
of Central Intelligence currently provided for in that section, two Deputy
Directors: a Deputy Director of Central Intelligence for the Central
Intelligence Agency and a Deputy Director of Central Intelligence for the
Intelligence Community. The proposed legislation authorizes the Director
to delegate to each of the Deputy Directors any of the authorities vested in
him by virtue of his position as Director of Central Intelligence and as head
of the Central Intelligence Agency. It provides that the Director and Deputy
Directors shall be appointed by the President with the advice and consent
of the Senate. It provides further that the positions of Director of Central
Intelligence and Deputy Director of Central Intelligence for the Central
Intelligence Agency shall not be occupied simultaneously by a commissioned
officer of the armed services.
We would appreciate early and favorable consideration of the proposed
bill. The Office of Management and Budget has advised that there is no
objection to presenting the proposed bill to the Congress from the standpoint
of the Administration's program.
Sincerely,
George Bush
Director
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CENTRAL INTELLIGENCE AGENCY
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Honorable Carl Albert
Speaker of the House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
This letter transmits for the consideration of the Congress a draft
bill to amend the National Security Act of 1947, as amended.
The National Security Act of 1947 established the Office of Director
of Central Intelligence as executive head of the Central Intelligence Agency.
Among his responsibilities under the Act, the Director is charged with the
oversight and coordination of the entire intelligence community. Over the
years, this latter supra-departmental responsibility has become increasingly
important. The President, through Executive Order 11905, has recently
taken steps to enhance further the role of the Director in coordinating the
activities of the intelligence community.
The Director's expanding duties in administering the intelligence
community, handling relations with other components in the Government,
serving as the Government's principal foreign intelligence adviser, and
passing on broad questions of policy leave him less time for day-to--clay
supervision of the Agency. Under the National Security Act of 1947, as
amended, the Director's chief assistant is the Deputy Director of Central
Intelligence. This position has generally been held by a high-ranking
military officer, with responsibilities for maintaining liaison with the
Department of Defense, fostering the Agency's relationship with the military '
services, and providing Agency management with necessary experience.
and skill in understanding particular intelligence requirements of. the
military. The Deputy Directors of Central Intelligence have generally not
been involved in administration of the Central Intelligence Agency..
It has become apparent that the Director of Central. Intelligence, must
have the support of two deputies if he is to function effectively in his dual
role as administrative head of the Central Intelligence Agency and overall
coordinator of the intelligence community. He needs one deputy to assist
him in the day-to-day management of the Central Intelligence Agency and
another deputy to assist him with intelligence community matters.
U ~ m
vl Z
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In this connection, the President's Commission on CIA Activities Within
the United States has recommended the creation of two statutory deputies
to improve supervision and management of the Central Intelligence Agency and.
to assist the Director in his community responsibilities. The President has
already taken administrative action to this effect in Executive Order 11905
by directing the Director of Central Intelligence to delegate the day-to-day
operation of the CIA to the Deputy Director of Central. Intelligence and by
creating the position of "Deputy to the Director of Central Intelligence for
the Intelligence Community" to assist the Director in his supervision of the
intelligence community. Because of the nature of their respective positions,
it is recognized that it would be desirable for both deputies to be politically
accountable officials--appointed by the President and confirmed by the
Senate. In its Final Report, the Senate Select Committee on Intelligence
specifically recommended elevating the deputy position created in Executive
Order 11905 to a statutory position of Deputy Director of Central Intelligence
for the Intelligence Community..
Accordingly, the proposed legislation amends section 102 of the
National Security Act of 1947 by creating, in lieu of the one Deputy Director
of Central Intelligence currently provided for in that section, two Deputy
Directors: a Deputy Director of Central Intelligence for the Central
Intelligence Agency and a Deputy Director of Central Intelligence for the
Intelligence Community. The proposed legislation authorizes the Director
to delegate to each of the Deputy Directors any of the authorities vested in
him by virtue of his position as Director of Central Intelligence and as head
of the Central Intelligence Agency. It provides that the Director and Deputy
Directors shall be appointed by the President with the advice and consent
of the Senate. It provides further that the positions of Director of Central
Intelligence and Deputy Director of Central Intelligence for the Central
Intelligence Agency shall not be occupied simultaneously by a commissioned
officer of the armed services.
We would appreciate early and favorable consideration of the proposed
bill. The Office of Management and Budget has advised that there is no
objection to presenting the proposed bill to the Congress from the standpoint
of the Administration's program.
Sincerely,
George Bush
Director
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At present, the position of Deputy to the Director of
Central Intelligence for the Intelligence Community is established
at Level IV, which provides for a salary of $39,900 under the
current Executive Schedule. An upgrading of the position. to
Level III, which provides for a salary of $42, 000, would represent
an increased salary cost of $2, 100.
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