MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL.

SEC. 1632. MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL. (a) Consolidation and Standardization of Civilian Personnel Policy.— Chapter 83 of title 10, United States Code, is amended— (1) by redesignating section 1602 as section 1621 and transferring that section so as to appear after section 1605; (2) by redesignating sections 1606 and 1608 as section 1622 and 1623, respectively; and (3) by striking out the chapter heading, the table of sections, and sections 1601, 1603, and 1604 and inserting in lieu thereof the following: “CHAPTER 83— CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES “Subchapter Sec. “I. Defense-Wide Intelligence Personnel Policy 1601 “II. Defense Intelligence Agency Personnel 1621 “SUBCHAPTER I— DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY “Sec. “1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay. “1602. Basic pay. “1603. Additional compensation, incentives, and allowances. “1605. Benefits for certain employees assigned outside the United States. “1606. Defense Intelligence Senior Executive Service. “1607. Intelligence Senior Level positions. “1608. Time-limited appointments. “1609. Termination of defense intelligence employees. “1610. Reductions and other adjustments in force. “1611. Postemployment assistance: certain terminated intelligence employees. “1612. Merit system principles and civil service protections: applicability. “1613. Miscellaneous provisions. “1614. Definitions. 110 STAT. 2746 “§ 1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay “(a) General Authority.— The Secretary of Defense may— “(1) establish, as positions in the excepted service, such defense intelligence positions in the intelligence components of the Department of Defense and the military departments as the Secretary determines necessary to carry out the intelligence functions of those components and departments, including— “(A) Intelligence Senior Level positions designated under section 1607 of this title; and “(B) positions in the Defense Intelligence Senior Executive Service; “(2) appoint individuals to those positions (after taking into consideration the availability of preference eligibles for appointment to those positions); and “(3) fix the compensation of such individuals for service in those positions. “(b) Construction With Other Laws.— The authority of the Secretary of Defense under subsection (a) applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. “§ 1602. Basic pay “(a) Authority To Fix Rates of Basic Pay.— The Secretary of Defense (subject to the provisions of this section) shall fix the rates of basic pay for positions established under section 1601 of this title in relation to the rates of basic pay provided in subpart D of part III of title 5 for positions subject to that subpart which have corresponding levels of duties and responsibilities. “(b) Maximum Rates.— A rate of basic pay fixed under subsection (a) for a position established under section 1601 of this title may not (except as otherwise provided by law) exceed— “(1) in the case of a Defense Intelligence Senior Executive Service position, the maximum rate provided in section 5382 of title 5; “(2) in the case of an Intelligence Senior Level position, the maximum rate provided in section 5382 of title 5; and “(3) in the case of any other position, the maximum rate provided in section 5306(e) of title 5. “(c) Prevailing Rate Systems.— The Secretary of Defense may, consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to positions for civilian employees in or under which the Department of Defense may employ individuals described by section 5342(a)(2)(A) of that title. “§ 1603. Additional compensation, incentives, and allowances “(a) Additional Compensation Based on Title 5 Authorities.— The Secretary of Defense may provide employees in defense intelligence positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5. “(b) Allowances Based on Living Costs and Environment.— (1) In addition to basic pay, employees in defense intelligence posi-110 STAT. 2747tions who are citizens or nationals of the United States and are stationed outside the continental United States or in Alaska may be paid an allowance, in accordance with regulations prescribed by the Secretary of Defense, while they are so stationed. “(2) An allowance under this subsection shall be based on— “(A) living costs substantially higher than in the District of Columbia; “(B) conditions of environment which (i) differ substantially from conditions of environment in the continental United States, and (ii) warrant an allowance as a recruitment incentive; or “(C) both of the factors specified in subparagraphs (A) and (B). “(3) An allowance under this subsection may not exceed the allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute.”. (b) Matters Other Than Pay and Benefits.— Such chapter is further amended by inserting after section 1605 the following new sections: “§ 1606. Defense Intelligence Senior Executive Service “(a) Establishment.— The Secretary of Defense may establish a Defense Intelligence Senior Executive Service for defense intelligence positions established pursuant to section 1601(a) of this title that are equivalent to Senior Executive Service positions. The number of positions in the Defense Intelligence Senior Executive Service may not exceed 492. “(b) Regulations Consistent With Title 5 Provisions.— The Secretary of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to those regulations), and subchapter II of chapter 43 of such title. To the extent that the Secretary determines it practicable to apply to members of, or applicants for, the Defense Intelligence Senior Executive Service other provisions of title 5 that apply to members of, or applicants for, the Senior Executive Service, the Secretary shall also prescribe regulations to implement those provisions with respect to the Defense Intelligence Senior Executive Service. “(c) Award of Rank to Members of the Defense Intelligence Senior Executive Service.— The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in section 4507 of title 5 to members of the Defense Intelligence Senior Executive Service. The award of such rank shall be made in a manner consistent with the provisions of that section. “§ 1607. Intelligence Senior Level positions “(a) Designation of Positions.— The Secretary of Defense may designate as an Intelligence Senior Level position any defense intelligence position that, as determined by the Secretary— “(1) is classifiable above grade GS–15 of the General Schedule; 110 STAT. 2748 “(2) does not satisfy functional or program management criteria for being designated a Defense Intelligence Senior Executive Service position; and “(3) has no more than minimal supervisory responsibilities. “(b) Regulations.— Subsection (a) shall be carried out in accordance with regulations prescribed by the Secretary of Defense. “§ 1608. Time-limited appointments “(a) Authority for Time-Limited Appointments.— The Secretary of Defense may by regulation authorize appointing officials to make time-limited appointments to defense intelligence positions specified in the regulations. “(b) Review of Use of Authority.— The Secretary of Defense shall review each time-limited appointment in a defense intelligence position at the end of the first year of the period of the appointment and determine whether the appointment should be continued for the remainder of the period. The continuation of a time-limited appointment after the first year shall be subject to the approval of the Secretary. “(c) Condition on Permanent Appointment to Defense Intelligence Senior Executive Service.— An employee serving in a defense intelligence position pursuant to a time-limited appointment is not eligible for a permanent appointment to a Defense Intelligence Senior Executive Service position (including a position in which the employee is serving) unless the employee is selected for the permanent appointment on a competitive basis. “(d) Time-Limited Appointment Defined.— In this section, the term ‘time-limited appointment’ means an appointment (subject to the condition in subsection (b)) for a period not to exceed two years. “§ 1609. Termination of defense intelligence employees “(a) Termination Authority.— Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee in a defense intelligence position if the Secretary— “(1) considers that action to be in the interests of the United States; and “(2) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security. “(b) Finality.— A decision by the Secretary of Defense to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the Department of Defense. “(c) Notification to Congressional Committees.— Whenever the Secretary of Defense terminates the employment of an employee under the authority of this section, the Secretary shall promptly notify the congressional oversight committees of such termination. “(d) Preservation of Right To Seek Other Employment.— Any termination of employment under this section does not affect the right of the employee involved to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management. 110 STAT. 2749 “(e) Limitation on Delegation.— The authority of the Secretary of Defense under this section may be delegated only to the Deputy Secretary of Defense, the head of an intelligence component of the Department of Defense (with respect to employees of that component), or the Secretary of a military department (with respect to employees of that department). An action to terminate employment of such an employee by any such official may be appealed to the Secretary of Defense. “§ 1610. Reductions and other adjustments in force “(a) In General.— The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions, during a reduction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment in force notwithstanding sections 3501(b) and 3502 of title 5. “(b) Matters To Be Given Effect.— The regulations shall give effect to the following: “(1) Tenure of employment. “(2) Military preference, subject to sections 3501(a)(3) and 3502(b) of title 5. “(3) The veteran’s preference under section 3502(b) of title 5. “(4) Performance. “(5) Length of service computed in accordance with the second sentence of section 3502(a) of title 5. “(c) Regulations Relating to Defense Intelligence SES.— The regulations relating to removal from the Defense Intelligence Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5. “(d) Right of Appeal.— (1) The regulations shall provide a right of appeal regarding a personnel action under the regulations. The appeal shall be determined within the Department of Defense. An appeal determined at the highest level provided in the regulations snail be final and not subject to review outside the Department of Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or procedures. “(2) Notwithstanding paragraph (1), a preference eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a personnel action taken against the preference eligible under the regulation determined by the Merit Systems Protection Board instead of having the appeal determined within the Department of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board. “(e) Consultation With OPM.— Regulations under this section shall be prescribed in consultation with the Director of the Office of Personnel Management.”. (c) Transfer of Section 1599.— Subtitle A of title 10, United States Code, is amended by transferring section 1599 to chapter 83 of such title, inserting such section after section 1610 (as added by subsection (b)), redesignating such section as section 1611, and in subsection (f) striking out “means” and all that follows and inserting in lieu thereof “includes the National Reconnaissance Office and any intelligence component of a military department.”. 110 STAT. 2750 (d) Additional Provisions.— Such chapter is further amended by inserting after section 1611 (as so transferred and redesignated) the following new sections: “§ 1612. Merit system principles and civil service protections: applicability “(a) Applicability of Merit System Principles.— Section 2301 of title 5 shall apply to the exercise of authority under this subchapter (other than sections 1605 and 1611). “(b) Civil Service Protections.— (1) If, in the case of a position established under authority other than section 1601(a)(1) of this title that is reestablished as an excepted service position under that section, the provisions of law referred to in paragraph (2) applied to the person serving in that position immediately before the position is so reestablished and such provisions of law would not otherwise apply to the person while serving in the position as so reestablished, then such provisions of law shall, subject to paragraph (3), continue to apply to the person with respect to service in that position for as long as the person continues to serve in the position without a break in service. “(2) The provisions of law referred to in paragraph (1) are the following provisions of title 5: “(A) Section 2302, relating to prohibited personnel practices. “(B) Chapter 75, relating to adverse actions. “(3) (A) Notwithstanding any provision of chapter 75 of title 5, an appeal of an adverse action by an individual employee covered by paragraph (1) shall be determined within the Department of Defense if the employee so elects. “(B) The Secretary of Defense shall prescribe the procedures for initiating and determining appeals of adverse actions pursuant to elections made under subparagraph (A). “§ 1613. Miscellaneous provisions “(a) Collective Bargaining Agreements.— Nothing in sections 1601 through 1604 and 1606 through 1610 may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an agency or office that is a successor to an agency or office covered by the agreement before the succession. “(b) Notice to Congress of Regulations.— The Secretary of Defense shall notify Congress of any regulations prescribed to carry out this subchapter (other than sections 1605 and 1611). Such notice shall be provided by submitting a copy of the regulations to the congressional oversight committees not less than 60 days before such regulations take effect. “§ 1614. Definitions “In this subchapter: “(1) The term ‘defense intelligence position’ means a civilian position as an intelligence officer or intelligence employee of an intelligence component of the Department of Defense or of a military department. “(2) The term ‘intelligence component of the Department of Defense’ means any of the following: “(A) The National Security Agency. “(B) The Defense Intelligence Agency. 110 STAT. 2751 “(C) The National Imagery and Mapping Agency. “(D) Any other component of the Department of Defense that performs intelligence functions and is designated by the Secretary of Defense as an intelligence component of the Department of Defense. “(E) Any successor to a component specified in, or designated pursuant to, this paragraph. “(3) The term ‘congressional oversight committees’ means— “(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and “(B) the Committee on National Security and the Permanent Select Committee on Intelligence of the House of Representatives. “(4) The term ‘excepted service’ has the meaning given such term in section 2103 of title 5. “(5) The term ‘preference eligible’ has the meaning given such term in section 2108(3) of title 5. “(6) The term ‘Senior Executive Service position’ has the meaning given such term in section 3132(a)(2) of title 5. “(7) The term ‘collective bargaining agreement’ has the meaning given such term in section 7103(8) of title 5.”. (e) Designation of New Subchapter II.— Chapter 83 of such title is further amended by inserting after section 1614 (as added by subsection (d)) the following: “SUBCHAPTER II— DEFENSE INTELLIGENCE AGENCY PERSONNEL “Sec. “1621. Defense Intelligence Agency merit pay system. “1622. Uniform allowance: civilian employees. “1623. Financial assistance to certain employees in acquisition of critical skills.”.