H. R. 3230—326
tions 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 incen-
tive; 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 intel-
ligence 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 regula-
tions), 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 INTEL-
LIGENCE 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 intel-
ligence position that, as determined by the Secretary—
‘‘(1) is classifiable above grade GS–15 of the General
Schedule;
H. R. 3230—327
‘‘(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 Sec-
retary 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 appoint-
ment 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 employ-
ment of such employee cannot be invoked in a manner consist-
ent with the national security.
‘‘(b) FINALITY.—A decision by the Secretary of Defense to termi-
nate 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.
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‘‘(e) LIMITATION ON DELEGATION.—The authority of the Sec-
retary of Defense under this section may be delegated only to
the Deputy Secretary of Defense, the head of an intelligence compo-
nent 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 termi-
nate 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 posi-
tions, 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 regula-
tions 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.
‘‘(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 Depart-
ment 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.’’.
H. R. 3230—329
(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 sub-
chapter (other than sections 1605 and 1611).
‘‘(b) CIVIL SERVICE PROTECTIONS.—(1) If, in the case of a posi-
tion 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 sec-
tions 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.