[Page: S7312]
Mr. McCAIN (for Mr. Thurmond) proposed
an amendment to the bill, S. 1745, supra; as follows:
At the end of title XI add the following:
Subtitle B--Defense Intelligence Personnel
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the `Department of Defense Civilian
Intelligence Personnel Reform Act of 1996'.
SEC. 1132. CIVILIAN INTELLIGENCE PERSONNEL MANAGEMENT.
Section 1590 of title 10, United States Code, is amended to read as
follows:
`1590. Management of civilian intelligence personnel of the
Department of Defense
`(a) General Personnel Management Authority: The Secretary
of Defense may, without regard to the provisions of any other law relating to
the appointment, number, classification, or compensation of employees--
`(1) establish--
`(A) as positions in the excepted service, such defense intelligence component positions (including Intelligence Senior Level positions) as the Secretary determines necessary to carry out the intelligence functions of the defense intelligence components, but not to exceed in number the number of the defense intelligence component positions established as of January 1, 1996; and
`(B) such Intelligence Senior Executive Service positions as the Secretary determines necessary to carry out functions referred to in subparagraph (B);
`(2) appoint individuals to such positions (after taking into consideration the availability of preference eligibles for appointment to such positions); and
`(3) fix the compensation of such individuals for service in such
positions.
`(b) Basic Pay: (1)(A) Subject to subparagraph (B) and
paragraph (2), the Secretary of Defense shall fix the rates of basic pay for
positions established under subsection (a) 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) Except as otherwise provided by law, no rate of basic pay fixed under
subparagraph (A) for a position established under subsection (a) may
exceed--
`(i) in the case of an Intelligence Senior Executive Service position, the maximum rate provided in section 5382 of title 5;
`(ii) in the case of an Intelligence Senior Level position, the maximum rate provided in section 5382 of title 5; and
`(iii) in the case of any other defense intelligence component
position, the maximum rate provided in section 5306(e) of title 5.
`(2) 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 such title.
`(c) Additional Compensation, Incentives, and Allowances:
(1) Employees in defense intelligence component positions may be paid
additional compensation, including benefits, incentives, and allowances, in
accordance with this subsection if, and to the extent, authorized in
regulations prescribed by the Secretary of Defense.
`(2) Additional compensation under this subsection shall be consistent with,
and not in excess of the levels authorized for, comparable positions
authorized by title 5.
`(3)(A) Employees in defense intelligence component positions, if
citizens or nationals of the United States, may be paid an allowance while
stationed outside the continental United States or in Alaska.
`(B) Subject to subparagraph (C), allowances under subparagraph (A) shall be
based on--
`(i) living costs substantially higher than in the District of Columbia;
`(ii) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or
`(iii) both of the factors described in clauses (i) and (ii).
`(C) An allowance under subparagraph (A) may not exceed an allowance
authorized to be paid by section 5941(a) of title 5 for employees whose rates
of basic pay are fixed by statute.
`(d) Intelligence Senior Executive Service: (1) The
Secretary of Defense may establish an Intelligence Senior Executive
Service for defense intelligence component positions established
pursuant to subsection (a) that are equivalent to Senior Executive Service
positions.
`(2) The Secretary of Defense shall prescribe regulations for the
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
Intelligence Senior Executive Service is entitled shall be held or
decided pursuant to the 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 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 sections with respect to the
Intelligence Senior Executive Service.
`(e) Award of Rank to Members of the 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 Intelligence Senior Executive Service whose
positions may be established pursuant to this section. The awarding of such
rank shall be made in a manner consistent with the provisions of that
section.
`(f) Intelligence Senior Level Positions: The
Secretary of Defense may, in accordance with regulations prescribed by the
Secretary, designate as an Intelligence Senior Level position any
defense intelligence component position that, as determined by the
Secretary--
`(1) is classifiable above grade GS-15 of the General Schedule;
`(2) does not satisfy functional or program management criteria for being designated an Intelligence Senior Executive Service position; and
`(3) has no more than minimal supervisory responsibilities.
`(g) Time Limited Appointments: (1) The Secretary of
Defense may, in regulations, authorize appointing officials to make time
limited appointments to defense intelligence component positions
specified in the regulations.
`(2) The Secretary of Defense shall review each time limited appointment in
a defense intelligence component 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.
`(3) An employee serving in a defense intelligence component position
pursuant to a time limited appointment is not eligible for a permanent
appointment to an Intelligence Senior Executive Service position
(including a position in which serving) unless selected for the permanent
appointment on a competitive basis.
`(4) In this subsection, the term `time limited appointment' means an
appointment (subject to the condition in paragraph (2)) for a period not to
exceed two years.
`(h) Termination of Civilian Intelligence Employees:
(1) Notwithstanding any other provision of law, the Secretary of Defense may
terminate the employment of any employee in a defense intelligence
component position if the Secretary--
`(A) considers such action to be in the interests of the United States; and
`(B) 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.
`(2) A decision by the Secretary of Defense to terminate the employment of
an employee under this subsection is final and may not be appealed or
reviewed outside the Department of Defense.
`(3) The Secretary of Defense shall promptly notify the Committee on
National Security and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on Armed Services and the
Select Committee on Intelligence of the Senate whenever the Secretary
terminates the employment of any employee under the authority of this
subsection.
`(4) Any termination of employment under this subsection shall 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.
`(5) The authority of the Secretary of Defense under this subsection may be
delegated only to the Deputy Secretary of Defense and the head of a defense
intelligence component (with respect to employees of that component).
An action to terminate employment of such an employee by any such official
may be appealed to the Secretary of Defense.
`(i) Reductions and Other Adjustments in Force: (1) The
Secretary of Defense, in consultation with the Director of the Office of
Personnel Management, shall prescribe regulations for the separation of
employees in defense intelligence component positions, including
members of the Intelligence Senior Executive Service and employees in
Intelligence Senior Level positions, in 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.
`(2) The regulations shall give effect to--
`(A) tenure of employment;
`(B) military preference, subject to sections 3501(a)(3) and 3502(b) of title 5;
`(C) the veteran's preference under section 3502(b) of title 5;
`(D) performance; and
`(E) length of service computed in accordance with the second sentence of
section 3502(a) of title 5.
`(2) The regulations relating to removal from the Intelligence Senior
Executive Service in a reduction in force or other adjustment in force shall
be consistent with section 3595(a) of title 5.
`(3)(A) 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 shall 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.
`(B) Notwithstanding subparagraph (A), a preference eligible referred to in
section 7511(a)(1)(B) of title 5 may appeal to the Merit Systems Protection
Board any personnel action taken under the regulations. Section 7701 of title
5 shall apply to any such appeal.
`(j) Applicability of Merit System Principles: Section 2301
of title 5 shall apply to the exercise of authority under this section.
`(k) Collective Bargaining Agreements: Nothing in this
section 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.
`(l) Notification of Congress: At least 60 days before the
effective date of regulations prescribed to carry out this section, the
Secretary of Defense shall submit the regulations to the Committee on
National Security and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
`(m) Definitions: In this section:
`(1) The term `defense intelligence component position' means a position of civilian employment as an intelligence officer or employee of a defense intelligence component.
`(2) The term `defense intelligence component' means each of the following components of the Department of Defense:
`(A) The National Security Agency.
`(B) The Defense Intelligence Agency.
`(C) The Central Imagery Office.
`(D) Any component of a military department that performs intelligence functions and is designated as a defense intelligence component by the Secretary of Defense.
`(E) Any other component of the Department of Defense that performs intelligence functions and is designated as a defense intelligence component by the Secretary of Defense.
`(F) Any successor to a component listed in, or designated pursuant to, this paragraph.
`(3) The term `Intelligence Senior Level position' means a defense intelligence component position designated as an Intelligence Senior Level position pursuant to subsection (f).
`(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.'.
[Page: S7313]
SEC. 1133. REPEALS.
(a) Defense Intelligence Senior Executive Service:
Sections 1601, 1603, and 1604 of title 10, United States Code, are
repealed.
(b) National Security Agency Personnel Management
Authorities: (1) Sections 2 and 4 of the National Security Agency
Act of 1959 (50 U.S.C. 402 note) are repealed.
(2) Section 303 of the Internal Security Act of 1950 (50 U.S.C. 833) is
repealed.
SEC. 1134. CLERICAL AMENDMENTS.
(a) Amended Section Heading: The item relating to section
1590 in the table of sections at the beginning of chapter 81 of title 10,
United States Code, is amended to read as follows:
`1590. Management of civilian intelligence personnel of the
Department of Defense.'.
(b) Repealed Sections: The table of sections at the
beginning of chapter 83 of title 10, United States Code, is amended by
striking out the items relating to sections 1601, 1603, and 1604.
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