OMB PROPOSED SENIOR INTELLIGENCE EXECUTIVE SERVICE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-01114R000300090057-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 12, 2016
• Document Release Date: November 6, 2001
• Sequence Number: 57
• Publication Date: May 31, 1979
• Content Type: MF

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STATINTL5E58
OLC 79-0770/6
MEMORANDUM FOR: See Distribution
STATINTL FROM
Assistant Legislative Counsel
SUBJECT . OMB Proposed Senior Intelligence Executive
Service
1. As promised in an earlier memorandum on the same
subject (OLC 79-0770/5), I am forwarding for your comments
the office of Management and Budget draft proposal which
seeks to "authorize" the heads of NSA, CIA and DIA to
establish the equivalent of Senior Executive Services within
their respective agencies. (U/IUO)
2. As addressees are aware, the authority which is
ostensibly granted by this proposal is, in the case of the
Director of the Central Intelligence Agency, already available
to him via Section 8 of the CIA Act of 1949. The authority,
therefore, is not only redundant but also raises the implication
that the DCI's current Section 8 authority is insufficient
to permit him to establish such a system on his own without
legislation. This office has consistently held and transmitted
to OMB the position that this is not the case. We have also
made it well known that any bill which, in any way, form or
manner, detracted either expressly or impliedly from the
authority of the DCI to handle personnel matters would be
vigorously opposed by this office. (U/IUO)
3. Rather than providing herein an analysis of the
terms of the bill, I have attached along with the bill a
section-by-section analysis of the same. Please address
your written comments to the undersigned not later than
close of business 7 June 1979. (U/IUO)
STATINTL
See Distribution on next page
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 STATINTL
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tt
w/att
- OLC Subject
OLC:MDC:sf (31 May 1979)
1 - OLC Chrono
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To authorize the establishment of Senior Intelligence Executive Services
and Merit Pay and Awards Systems within the National Security Agency;
Central Intelligence Agency and Defense Intelligence Agency and to
make necessary amendments to Title 5, U.S. Code.
I Be it enacted by the Senate and House of Representatives of there
2 United States of America in Congress assembled, That this Act may be
3 cited as the Senior Intelligence Executive Services Act of 1979.
4 TITLE I - SENIOR INTELLIGENCE EXECUTIVE SERVICES
5 SEC. 2. The Secretary of Defense (or his designee) for the-Nation
6 Security Agency and for the Defense Intelligence Agency, and the Direct
7 of Central Intelligence for the Central Intelligence Agency may establi
8 Senior Intelligence Executive Services within the respective agencies
9 comparable to the Senior Executive Service established in Title IV
10 of the Civil Service Reform Act of 1978. The Director of Central Intel
11 gence, and under the authority of the Secretary of Defense, the Directo
12 of the National Security Agency and the Defense Intelligence Agency,
13 hereinafter referred to as the Directors, are authorized to adopt
14 administratively those provisions of title 5, United States Code, con-
15 tained in Title IV of the Civil Service Reform Act of 1978 that the
16 Directors consider necessary to administer a separate Senior Intelligent
17 Executive Service within the agency headed by such Director, to appoint,
18 without regard to the civil service laws,-individuals to positions estal
19 within such Senior Intelligence Executive Service and, notwithstanding
20 limitation on compensation set out in any other law, to pay individuals
21 so appointed in relation to the pay prescribed under title 5, United
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1 States Code, for the Senior rx cutive Service. Any provisions So R^op
2 shall be subject to the same limitations imposed with respect to the cc
3 parable provisions of title 5, United States Code, including the limit:
4 in section 5383(b) of title 5 on aggregate pay. Notwithstanding any of
provisions so adopted, each Director, may detail or assign individuals
the jurisdiction of such Director appointed to the particular Senior-, In
7 ligence Executive Service to serve in non-Senior Intelligence Executive
Services positions in which the appointee's expertise and experience ca
9 of benefit to the National Security Agency, Central Intelligence _Agency
10 Defense Intelligence Agency, or another Government agency and the appoii
11 shall not lose thereby any of the entitlements or status associated witl
12 the appointment in the Senior Intelligence Executive Services.
13, SEC. 3. Awarding of Rank in the Senior Intelligence Executive Ser\
14. (a) During any fiscal year, the President, based on the
15. recommendations of the Secretary of Defense, or the Director of Central
16 Intelligence, may, subject to subsection (b) of this section, award to a
17 Senior Intelligence Executive Service appointee the rank of
18 (1) Meritorious Intelligence Executive, for sustained
19 accomplishment, or
20 (2) Distinguished Intelligence Executive, for sustained
21 extraordinary accomplishment.
22 A Senior Intelligence Executive Service appointee awarded a rank under
23 paragraphs (1) or (2) of this section shall not be entitled to be
24 awarded that rank during the following four fiscal years.
25 (b) During any fiscal year -
26 (1) The number of Senior Intelligence Executive Service
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 1 Pr?aii>_ the rank of ,. r1torio in-elll ce
Exec u:ive
c`
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2 within each Service may not exceed 5`a of the particular Senior
3 Intelligence Executive Service; and
4 (2) The number of Senior Intelligence Executive Service
5 appointees awarded the rank of Distinguished Intelligence Executive
6 within each Service may not exceed 1% of the particular Senior
7 intelligence Executive Service.
8 (c) (1) Receipt by a Senior Intelligence Executive Service
9 appointee of the rank of Meritorious Intelligence Executive entitles
10 such individual to a lump sum payment of the amount specified in
11 section 4507(e)(1) of title 5, United States Code, in addition to
12 the basic pay or any performance awards paid to the Senior Intelligence
13 Executive Service appointee.
14 (2) Receipt by a Senior Intelligence Executive Service
15 appointee of the rank of Distinguished Intelligence Executive entitles
16 such individual to a lump sum payment of the amount specified in
17 section 4507(e)(2) of title 5, United States Code, in addition to the
18 basic pay or any performance awards paid to the Senior Intelligence
19 Executive Service appointee.
20 SEC. 4. Each Director may grant a sabbatical to any appointee
21 to the Senior Intelligence Executive Service under the jurisdiction of
22 such Director in accordance with the provisions of section 3396(c) of
23 title 5, United States Code.
24 SEC. 5. Annual leave accrued by an individual while serving in
25 a position in a Senior Intelligence Executive Service shall not be
26 subject to the limitation on accumulation imposed by section 6304
27 of title 5, United States Code.
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 ,L rzun 6JJ5 ot title 5, United States Code, is
2 1 n'- d ti. ed
Approved WorKe~ase 0`f1e$ Gar oi4i4R?i1D30OO9@@!i7rs (j) and inserting
3 ir.nediately after subsection (h) the following new subsection:
4 "(1) A member of any of the Senior Intelligence Executive
5 Services who is removed from such Senior Intelligence Executive Service
6 for less than fully successful performance after completing 25 years: of
7 service or after becoming 50 years of age and completing 20 years of
8 service is entitled to an annuity."
9 (b) Section 8339(h) of title 5, United States Code, is amended
10 by striking out "section 8336(d) or (h)" and inserting: in lieu thereof
11 "section 8336(d), (h) or (i)."
12 SEC. 7. Section 2108 of title 5 U.S.C., is amended by -
13 (1) striking the period at the end of paragraph (3)
14 and inserting, in lieu thereof, a semicolon; and
15 (2) adding at the end of paragraph (3) the following:
16 "but does not include applicants for, or members of, any of the
17_. Senior Intelligence Executive Services."
18 SEC. 8. The Directors will submit to the House Permanent Select
19 Committee on Intelligence and the Senate Select Committee on
20 Intelligence of the Congress at the time the budget is submitted by the
21 President to the Congress during each odd-numbered calendar year, a
22 report on the respective Senior Intelligence Executive Service. The
23 report shall include -
24 (a) the percentage of senior executives at each pay rate
25 employed at the end of the preceding fiscal year;
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2 awards paid during the preceding fiscal year; and,
3 (c) the number of individuals removed from the Senior
4 Intelligence Executive Service for less than fully successful
5 performance.
6 SEC. 9. The Director of the National Security Agency and the Dire(
7 of the Defense Intelligence Agency may submit to the Director of Centz
8 Intelligence a listing of those Senior Intelligence Executive
9 Service positions within their respective agencies that such Director
10 determines could be suitably filled by individuals from another
11 Senior Intelligence Executive Service or from the Senior Executive
12 Service. The Director of Central Intelligence will combine any such
13 information received with comparable information from the Central
14 Intelligence Agency and in accordance with the request: of the
15 Directors of those agencies will assist in reco mending candidates
16 to fill such particular agency positions. The Director of Central
17 Intelligence, in consultation with the Office of Personnel Management,
18 will likewise assist appointees in the Senior Intelligence Executive
19 Services who are desirous of obtaining positions in the Senior Executive
20 Service to locate suitable positions.
21 TITLE II MERIT PAY AND CASH AWARDS
22 SEC. 10. Merit Pay and Cash Awards. Notwithstanding any limitatia
23 on compensation in any other law, each Director is authorized to establi
24 merit pay and cash awards systems for employees of the agency that he he
25 comparable to that system established in chapter 54 of title 5, United
26 States Code and are authorized to adopt those provisions of chapter 54 o
5
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1 title 5, united States code, c.:;ich such Director considers necessary
2 to establish such a system.
3 SEC. 11. This act takes effect on the date of enactment.
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Section 2 - This Section authorizes the Secretary of Defense (or his
designee) for the National Security Agency and the Defense Intelligence
Agency, and the Director of Central Intelligence for the Central Intel ligFncc
Agency to establish a separate Senior Intelligence Executive Service
within each agency, to appoint individuals to positions within such a Service
and to pay individuals so appointed in relation to the pay established' f
by Title 5 of the U.S. Code for the Senior Executive Service to include
appropriate performance awards. These appointments are to be made
without regard to the provisions of Sections 2102 and 2103 of Title 5
of the U.S. Code. The intent of this section is to provide the
authorization necessary to establish, within security constraints and
existing, personnel systems, senior executive systems for each of the
National Security Agency, Central Intelligence Agency, and the Defense
Intelligence Agency. It is fully intended that the systems adopted by
the agencies will conform as near as possible, within these constraints,
to the Senior Executive Service established under Title IV of the Civil
Service Reform Act of 1978. The systems to be established will be
subject to the same limitations on pay and bonuses as those established
for the Senior Executive Service. The Director of Central Intelligence
already possesses broad statutory authority to adopt the features of the
Senior Executive Service. The purpose of this legislation, without
prejudice to the validity of those authorities, is intended to express
Congressional encouragement that those authorities be used to establish
a system comparable to the Senior Executive Service. The number of positions
established within the Senior Intelligence Executive Services shall be contro
by. the Secretary of Defense for the National Security Agency and the Defense
Intelligence Agency and the Director of Central Intelligence for the Central
Intelligence Agency in the same manner as they have historically controlled
the number, of supergrades at the agencies. This legislation is not in-
tended to supplant the normal budgetary process on the limitation of super-
grades.
Section 3 - This Section provides the authorization necessary to
award ranks to appointees in the Senior Intelligence Executive Services
comparable to the ranks available to appointees in the Senior Executive
Service.
Section 4 - This Section provides the authorization necessary for the
Directors to grant sabbaticals to appointees in the Senior Intelligence
Executive Services to the same extent as is available to appointees in
the Senior Executive Service.
Section 5 - This Section removes the current limitation on accumulation
of annual leave for appointees in the Senior Intelligence Executive Services
the same as such limitation was removed from appointees in the Senior
Executive Service.
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 AvieFb~r ee~9(2/A4/Q UCFi4DFf9t3-0~1~3`fl~66~7 `3?r those re:aoved
F.c*~ the Senior Intelligence Executive Services for less than fully successfu
performance, similar to provisions for the retirement of Senior Executive
Service appointees. Those who do not meet the age or service requirements
for early retirement would be reassigned to another Senior Executive position
or moved to a non-Senior Intelligence Executive Service position elsewhere
in the Agency at a level equivalent to GG-15 or above. These alternatives
would be available through the adoption of the provisions of the Senior
Executive Service under Section 1 of this Act.
1
Section 7 - This Section amends Section 2103 of title 5 of the U.S_
Code tto exclude from the definition of "preference eligible" applicants
for, or members of, the Senior Intelligence Executive Services-
Section 8 - This Section because of security restraints provides for
reports to the respective intelligence committees of Congress concerning
the Senior Intelligence Executive Services similar to that information
reported to the Congress by the Office of Personnel Management for the
Senior Executive Service.
Section 9 - The Section authorizes the Directors of the National
Security Agency and the Defense Intelligence Agency to submit to the
Director of Central Intelligence a listing of those Senior Intelligence
Executive Services positions within the respective agency which the
Director determines could be suitably filled by individuals from
another Senior Intelligence Executive Service or from the Senior
Executive Service. The Director of Central Intelligence will combine
any such information received with comparable information from the
Central Intelligence Agency and in accordance with the request of the
Directors of those agencies will assist in locating possible candidates
for the particular agency positions.
Section 10 - This Section authorizes the Directors to establish
merit pay and cash awards systems comparable to that established in
Section 5403 of Title 5 of the U.S. Code for employees paid under
the General Schedule. The criteria and other procedures necessary
for the implementation of the merit pay and cash awards systems
would follow as closely as possible the criteria and procedures
established pursuant to the Civil Service Reform Act.
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