§ 1621. Defense Intelligence Agency merit pay system

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Pub. L. 97–89 title VII § 701(a)(1) · 95 Stat. 1150

   Enacted · 10 U.S.C. § 1621

   Added Pub. L. 97–89, title VII, § 701(a)(1), Dec. 4, 1981, 95 Stat. 1160, § 1602

   Source evidence

   Code source credit
   Added Pub. L. 97–89, title VII, § 701(a)(1), Dec. 4, 1981, 95 Stat. 1160, § 1602

   Enacted provision · exact public law section
   (1) Part II subtitle A of title 10, United States Code, is amended by adding at the end thereof the following new chapter: “Chapter 83— DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL “Sec. “1601. Defense Intelligence Senior Executive Service. “1602. Defense Intelligence Agency merit pay system. “1603. Limit on pay. "§1601. Defense Intelligence Senior Executive Service “(a) The Secretary of Defense may by regulation establish a 10 USC 1601. personnel system for senior civilian personnel within the Defense Intelligence Agency to be known as the Defense Intelligence Senior Executive Service. The regulations establishing the Defense Intelligence Senior Executive Service shall— “(1) meet the requirements set forth in section 3131 of title 5 for the Senior Executive Service; “(2) provide that positions in the Defense Intelligence Senior Executive Service meet requirements that are consistent with the provisions of section 3182(a)(2) of title 5; “(3) provide rates of pay for the Defense Intelligence Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; “(4) provide a performance appraisal system for the Defense Intelligence Senior Executive Service that conforms to the provisions of subchapter II of chapter 43 of title 5; 5 USC 4311. “(5) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of title 5 (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 procedures established by regulations of the Secretary of Defense); “(6) permit the payment of performance awards to members of Performance awards. the Defense Intelligence Senior Executive Service consistent with the provisions applicable to performance awards under section 5384 of title 5; and “(7) provide that members of the Defense Intelligence Senior Sabbatical leaves. Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of title 5. “(b) Except as otherwise provided in subsection (a), the Secretary of Defense may— “(1) make applicable to the Defense Intelligence Senior Executive Service any of the provisions of title 5 applicable to applicants 5 USC 101. for or members of the Senior Executive Service; and “(2) appoint, promote, and assign individuals to positions established within the Defense Intelligence Senior Executive Service without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service. “(c) The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Defense Intelligence Senior Executive Service in a manner consistent with the provisions of section 4507 of title 5. “(d) Personnel detail. Notwithstanding any other provision of this section, the Secretary of Defense may detail or assign any member of the Defense Intelligence Senior Executive Service to serve in a position outside the Defense Intelligence Agency in which the member’s expertise and experience may be of benefit to the Defense Intelligence Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Defense Intelligence Senior Executive Service. “(e) Report to congressional committees. The Secretary of Defense shall each year submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, at the time the Budget is submitted by the President to the Congress for the next fiscal year, a report on the executive personnel in the Defense Intelligence Agency. The report shall include— “(1) the total number of positions added to or deleted from the Defense Intelligence Senior Executive Service during the preceding fiscal year; “(2) the number of executive personnel (including all members of the Defense Intelligence Senior Executive Service) being paid at each grade level and pay rate in effect at the end of the preceding fiscal year; “(3) the number, distribution, and amount of awards paid to members of the Defense Intelligence Senior Executive Service during the preceding fiscal year; and “(4) the number of individuals removed from the Defense Intelligence Senior Executive Service during the preceding fiscal year for less than fully successful performance. “§ 1602. Defense Intelligence Agency merit pay system “The Secretary of Defense may by regulation establish a merit pay system for such employees of the Defense Intelligence Agency as the Secretary considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5. “§1603. Limit on pay “Nothing in this chapter shall be construed to allow the aggregate amount payable to a member of the Defense Intelligence Senior Executive Service under this chapter during any fiscal year to exceed the annual rate payable for positions at level I of the Executive 5 USC 5312 Schedule in effect at the end of such year.”.

2. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 title II § 204(b) · 98 Stat. 3195

   Substituted · 10 U.S.C. § 1621

   Pub. L. 98–615 substituted “section 5401 of title 5” for “section 5401(a) of title 5”

   Source evidence

   Code amendment note
   Pub. L. 98–615 substituted “section 5401 of title 5” for “section 5401(a) of title 5”.

   Enacted provision · exact public law section
   (b) Section 1602 of title 10, United States Code, and section 731(b) of title 31, United States Code, are each amended by striking out “5401(a)” and inserting in lieu thereof “5401”.

3. 1993

   Pub. L. 103–89 § 3(b)(3)(A) · 107 Stat. 981

   Inserted · 10 U.S.C. § 1621

   Pub. L. 103–89 inserted “, as in effect on October 31, 1993”

   Source evidence

   Code amendment note
   Pub. L. 103–89 inserted “, as in effect on October 31, 1993”.

   Enacted provision · exact public law section
   (A) in section 1602 by inserting “, as in effect on October 31, 1993” after “section 5401 of title 5”;

4. 1994

   Intelligence Authorization Act for Fiscal Year 1995

   Pub. L. 103–359 title V § 501(b)(1)(C) · 108 Stat. 3423

   Inserted · 10 U.S.C. § 1621

   Pub. L. 103–359 inserted “and Central Imagery Office” after “Defense Intelligence Agency”

   Source evidence

   Code amendment note
   Pub. L. 103–359 inserted “and Central Imagery Office” after “Defense Intelligence Agency”.

   Enacted provision · exact public law section
   (C) In section 1602, by inserting “and Central Imagery Office” after “Defense Intelligence Agency”.

5. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title XVI · 110 Stat. 2422

   Struck · 10 U.S.C. § 1621

   Pub. L. 104–201 renumbered section 1602 of this title as this section and struck out “and Central Imagery Office” after “Intelligence Agency”

   Source evidence

   Code amendment note
   Pub. L. 104–201 renumbered section 1602 of this title as this section and struck out “and Central Imagery Office” after “Intelligence Agency”.

   Enacted provision · exact public law
   TITLE XVI— DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL Subtitle A— Miscellaneous Matters Relating to Personnel Management, Pay, and Allowances Sec. 1601. Modification of requirement for conversion of military positions to civilian positions. Sec. 1602. Retention of civilian employee positions at military training bases transferred to National Guard. Sec. 1603. Clarification of applicability of certain management constraints on major range and test facility base structure. Sec. 1604. Travel expenses and health care for civilian employees of the Department of Defense abroad. Sec. 1605. Travel, transportation, and relocation allowances for certain former non-appropriated fund employees. Sec. 1606. Employment and salary practices applicable to Department of Defense overseas teachers. Sec. 1607. Employment and compensation of civilian faculty members at certain Department of Defense schools. Sec. 1608. Reimbursement of Department of Defense domestic dependent school board members for certain expenses. Sec. 1609. Modification of authority for civilian employees of Department of Defense to participate voluntarily in reductions in force. Sec. 1610. Wage-board compensatory time off. Sec. 1611. Liquidation of restored annual leave that remains unused upon transfer of employee from installation being closed or realigned. Sec. 1612. Waiver of requirement for repayment of Voluntary Separation Incentive pay by former Department of Defense employees reemployed by the Government without pay. Sec. 1613. Simplification of rules relating to the observance of certain holidays. Sec. 1614. Revision of certain travel management authorities. Sec. 1615. Failure to comply with veterans’ preference requirements to be treated as a prohibited personnel practice. Sec. 1616. Pilot programs for defense employees converted to contractor employees due to privatization at closed military installations. Subtitle B— Department of Defense Intelligence Personnel Policy Sec. 1631. Short title. Sec. 1632. Management of civilian intelligence personnel. Sec. 1633. Repeal of superseded sections and clerical and conforming amendments. Sec. 1634. Other personnel management authorities. Sec. 1635. Effective date. Subtitle A— Miscellaneous Matters Relating to Personnel Management, Pay, and Allowances SEC. 1601. MODIFICATION OF REQUIREMENT FOR CONVERSION OF MILITARY POSITIONS TO CIVILIAN POSITIONS. (a) Elimination of Requirement for Fiscal Year 1997 Conversions.— Paragraph (1) of section 1032(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 429; 10 U.S.C. 129a note) is amended— (1) by striking out “September 30, 1997” and inserting in lieu thereof “September 30, 1996”; and (2) by striking out “10,000” and inserting in lieu thereof “3,000”. (b) Conforming Amendments.— Such section is further amended— (1) by striking out paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Certification.10 USC 129a note. Effective Date.— (1) The amendments made by this section shall take effect 30 days after the date on which the Secretary of Defense submits to Congress a certification that at least 3,000 military positions have been converted to civilian positions during fiscal year 1996 as required by section 1032(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 429). (2) Federal Register, publication. The Secretary shall publish in the Federal Register a notice of the submission of any certification to Congress under paragraph (1), including the date on which the certification was submitted to Congress. SEC. 1602. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT MILITARY TRAINING BASES TRANSFERRED TO NATIONAL GUARD. (a) Retention of Employee Positions.— In the case of a military training installation described in subsection (b), the Secretary of Defense shall retain civilian employee positions of the Department of Defense at the installation after transfer to the National Guard to facilitate active and reserve component training at the installation. The Secretary shall determine the extent to which positions at the installation are to be retained as positions of the Department of Defense in consultation with the Adjutant General of the National Guard of the State in which the installation is located. (b) Military Training Installations Affected.— This section applies with respect to each military training installation that— (1) was approved for closure in 1995 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note); (2) is scheduled for transfer to National Guard operation and control; and (3) will continue to be used, after such transfer, to provide training support to active and reserve components of the Armed Forces. (c) Maximum Positions Retained.— The number of civilian employee positions retained at an installation under this section may not exceed 20 percent of the Federal civilian workforce employed at the installation as of September 8, 1995. (d) Removal of Position.— The requirement to maintain a civilian employee position at an installation under this section terminates upon the later of the following: (1) The date of the departure or retirement from that position by the civilian employee initially employed or retained in the position as a result of this section. (2) The date on which the Secretary certifies to Congress that the position is no longer required to ensure that effective support is provided at the installation for active and reserve component training. SEC. 1603. CLARIFICATION OF APPLICABILITY OF CERTAIN MANAGEMENT CONSTRAINTS ON MAJOR RANGE AND TEST FACILITY BASE STRUCTURE. Section 129 of title 10, United States Code, is amended— (1) in subsection (c)(1), by inserting “, the Major Range and Test Facility Base,” after “industrial-type activities”; and (2) by adding at the end the following: “(e) Subsections (a), (b), and (c) apply to the Major Range and Test Facility Base (MRTFB) at the installation level. With respect to the MRTFB structure, the term ‘funds made available’ includes both direct appropriated funds and funds provided by MRTFB customers.”. SEC. 1604. TRAVEL EXPENSES AND HEALTH CARE FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE ABROAD. (a) In General.— Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1599b. Employees abroad: travel expenses; health care “(a) In General.— The Secretary of Defense may provide civilian employees, and members of their families, abroad with benefits that are comparable to certain benefits that are provided by the Secretary of State to members of the Foreign Service and their families abroad as described in subsections (b) and (c). The Secretary may designate the employees and members of families who are eligible to receive the benefits. “(b) Travel and Related Expenses.— The Secretary of Defense may pay travel expenses and related expenses for purposes and in amounts that are comparable to the purposes for which, and the amounts in which, travel and related expenses are paid by the Secretary of State under section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081). “(c) Health Care Program.— The Secretary of Defense may establish a health care program that is comparable to the health care program established by the Secretary of State under section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084). “(d) Assistance.— The Secretary of Defense may enter into agreements with the heads of other departments and agencies of the Government in order to facilitate the payment of expenses authorized by subsection (b) and to carry out a health care program authorized by subsection (c). “(e) Abroad Defined.— In this section, the term ‘abroad’ means outside— “(1) the United States; and “(2) the territories and possessions of the United States.”. (b) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1599b. Employees abroad: travel expenses; health care.”. SEC. 1605. TRAVEL, TRANSPORTATION, AND RELOCATION ALLOWANCES FOR CERTAIN FORMER NONAPPROPRIATED FUND EMPLOYEES. (a) In General.— (1) Subchapter II of chapter 57 of title 5, United States Code, is amended by adding at the end the following new section: “§5736. Travel, transportation, and relocation expenses of certain nonappropriated fund employees “An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) of this title who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, may be authorized travel, transportation, and relocation expenses and allowances under the same conditions and to the same extent authorized by this subchapter for transferred employees.”. (2) The table of sections at the beginning of chapter 57 of such title is amended by inserting after the item relating to section 5735 the following new item: “5736. Travel, transportation, and relocation expenses of certain nonappropriated fund employees.”. (b) 5 USC 5736 note. Applicability.— Section 5736 of title 5, United States Code (as added by subsection (a)(1)), shall apply to moves between positions as described in such section that are effective on or after October 1, 1996. SEC. 1606. EMPLOYMENT AND SALARY PRACTICES APPLICABLE TO DEPARTMENT OF DEFENSE OVERSEAS TEACHERS. (a) Expansion of Scope of Educators Covered.— Section 2 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901) is amended— (1) in subparagraph (A) of paragraph (1), by inserting “, or are performed by an individual who carried out certain teaching activities identified in regulations prescribed by the Secretary of Defense” after “Defense,”; and (2) by striking out subparagraph (C) of paragraph (2) and inserting in lieu thereof the following: “(C) who is employed in a teaching position described in paragraph (1).”. (b) Transfer of Responsibility for Employment and Salary Practices.— Section 5 of such Act (20 U.S.C. 903) is amended— (1) in subsection (a)— (A) by striking out “Secretary of each military department in the Department of Defense” and inserting in lieu thereof “Secretary of Defense”; and (B) by striking out “his military department” and inserting in lieu thereof “the Department of Defense”; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking out “secretary of each military department—” and inserting in lieu thereof “Secretary of Defense—”; and (B) in paragraph (1), by striking out “his military department,” and inserting in lieu thereof “the Department of Defense”; (3) in subsection (c)— (A) by striking out “Secretary of each military department” and inserting in lieu thereof “Secretary of Defense”; and (B) by striking out “his military department” and inserting in lieu thereof “the Department or Defense”; and (4) in subsection (d), by striking out “Secretary of each military department” and inserting in lieu thereof “Secretary of Defense”. SEC. 1607. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS AT CERTAIN DEPARTMENT OF DEFENSE SCHOOLS. (a) Faculties.— Subsection (c) of section 1595 of title 10, United States Code, is amended by adding at the end the following new paragraphs: “(4) The English Language Center of the Defense Language Institute. “(5) The Asia-Pacific Center for Security Studies.”. (b) Certain Administrators.— Such section is further amended by adding at the end the following new subsection: “(f) Application to Director and Deputy Director at Asia-Pacific Center for Security Studies.— In the case of the Asia-Pacific Center for Security Studies, this section also applies with respect to the Director and the Deputy Director.”. SEC. 1608. REIMBURSEMENT OF DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT SCHOOL BOARD MEMBERS FOR CERTAIN EXPENSES. Section 2164(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(7) The Secretary may provide for reimbursement of a school board member for expenses incurred by the member for travel, transportation, lodging, meals, program fees, activity fees, and other appropriate expenses that the Secretary determines are reasonable and necessary for the performance of school board duties by the member.”. SEC. 1609. MODIFICATION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE TO PARTICIPATE VOLUNTARILY IN REDUCTIONS IN FORCE. Subsection (f) of section 3502 of title 5, United States Code, is amended to read as follows: “(f) (1) The Secretary of Defense or the Secretary of a military department may— “(A) separate from service any employee who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and “(B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force. “(2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force. “(3) An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned. “(4) Regulations. The regulations prescribed under this section shall incorporate the authority provided in this subsection. “(5) Termination date. No authority under paragraph (1) may be exercised after September 30, 2001.”. SEC. 1610. WAGE-BOARD COMPENSATORY TIME OFF. (a) In General.— Section 5543 of title 5, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): “(b) The head of an agency may, on request of an employee, grant the employee compensatory time off from the employee’s scheduled tour of duty instead of payment under section 5544 or section 7 of the Fair Labor Standards Act of 1938 for an equal amount of time spent in irregular or occasional overtime work. An agency head may not require an employee to be compensated for overtime work with an equivalent amount of compensatory time-off from the employee’s tour of duty.”. (b) Conforming Amendment.— Section 5544(c) of title 5, United States Code, is amended by inserting “and the provisions of section 5543(b)” after “the last two sentences of subsection (a)”. SEC. 1611. LIQUIDATION OF RESTORED ANNUAL LEAVE THAT REMAINS UNUSED UPON TRANSFER OF EMPLOYEE FROM INSTALLATION BEING CLOSED OR REALIGNED. (a) Lump-Sum Payment Required.— Section 5551 of title 5, United States Code, is amended by adding at the end the following: “(c) (1) Annual leave that is restored to an employee of the Department of Defense under section 6304(d) of this title by reason of the operation of paragraph (3) of such section and remains unused upon the transfer of the employee to a position described in paragraph (2) shall be liquidated by payment of a lump-sum for such leave to the employee upon the transfer. “(2) A position referred to in paragraph (1) is a position in a department or agency of the Federal Government outside the Department of Defense or a Department of Defense position that is not located at a Department of Defense installation being closed or realigned as described in section 6304(d)(3) of this title.”. (b) Applicability.— Subsection (c) of section 5551 of title 5, 5 USC 5551 note. United States Code (as added by subsection (a)), shall apply with respect to transfers described in such subsection (c) that take effect on or after the date of the enactment of this Act. SEC. 1612. WAIVER OF REQUIREMENT FOR REPAYMENT OF VOLUNTARY SEPARATION INCENTIVE PAY BY FORMER DEPARTMENT OF DEFENSE EMPLOYEES REEMPLOYED BY THE GOVERNMENT WITHOUT PAY. (a) In General.— Section 5597(g) of title 5, United States Code, is amended by adding at the end the following new paragraph: “(5) If the employment is without compensation, the appointing official may waive the repayment.”. (b) Applicability.— The amendment made by subsection (a) 5 USC 5597 note. shall apply with respect to employment accepted on or after the date of the enactment of this Act. SEC. 1613. SIMPLIFICATION OF RULES RELATING TO THE OBSERVANCE OF CERTAIN HOLIDAYS. Section 6103 of title 5, United States Code, is amended by adding at the end the following new subsection: “(d) (1) For purposes of this subsection— “(A) the term ‘compressed schedule’ has the meaning given such term by section 6121(5); and “(B) the term ‘adverse agency impact’ has the meaning given such term by section 6131(b). “(2) An agency may prescribe rules under which employees on a compressed schedule may, in the case of a holiday that occurs on a regularly scheduled non-workday for such employees, and notwithstanding any other provision of law or the terms of any collective bargaining agreement, be required to observe such holiday on a workday other than as provided by subsection (b), if the agency head determines that it is necessary to do so in order to prevent an adverse agency impact.”. SEC. 1614. REVISION OF CERTAIN TRAVEL MANAGEMENT AUTHORITIES. (a) Repeal of Requirements Relating to Fire-Safe Accommodations.— (1) Section 5707 of title 5, United States Code, is amended by striking out subsection (d). (2) Subsection (b) of section 5 of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101–391; 104 Stat. 751; 5 U.S.C. 5707 note) is repealed. (b) Repeal of Prohibition on Payment of Lodging Expenses of Department of Defense Employees and Other Civilians When Adequate Government Quarters Are Available.— (1) Section 1589 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 81 of such title is amended by striking out the item relating to such section. SEC. 1615. FAILURE TO COMPLY WITH VETERANS’ PREFERENCE REQUIREMENTS TO BE TREATED AS A PROHIBITED PERSONNEL PRACTICE. (a) In General.— (1) Chapter 81 of title 10, United States Code, as amended by section 1604, is further amended by adding at the end the following new section: “§ 1599c. Veterans’ preference requirements: Department of Defense failure to comply treated as a prohibited personnel practice “(a) Prohibited Personnel Practice.— It is a prohibited personnel practice for a person referred to in subsection (b) who has authority described in that subsection— “(1) knowingly to take, recommend, or approve any personnel action with respect to such authority if the taking of such action violates a veterans’ preference; or “(2) knowingly to fail to take, recommend, or approve any personnel action with respect to such authority, if the failure to take such action violates a veterans’ preference. “(b) Persons Covered.— Subsection (a) applies with respect to— “(1) an officer or employee of the Department of Defense who has authority to take, direct others to take, recommend, or approve a personnel action with respect to an employee of the Department of Defense; and “(2) a member of the armed forces who has such authority. “(c) Veterans’ Preference Defined.— (1) In this section, the term ‘veterans’ preference’ means any of the following provisions of law: “(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) of title 5 and (with respect to a preference eligible referred to in section 7511(a)(1)(B) of such title) subchapter II of chapter 75 and section 7701 of such title. “(B) Sections 943(c)(2) and 1784(c) of this title. “(C) Section 1308(b) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198(b)). “(D) Section 301(c) of the Foreign Service Act of 1980 (22 U.S.C. 3941(c)). “(E) Section 3(a)(11) of the Administrative Office of the United States Courts Personnel Act of 1990 (28 U.S.C. 602 note). “(F) Sections 106(f), 7281(e), and 7802(5) of title 38. “(G) Section 1005(a) of title 39. “(H) Any other provision of law that the Director of the Office of Personnel Management designates in regulations as being a veterans’ preference for the purposes of this section. “(2) For the purposes of this section, such term includes any regulation prescribed under subsection (b) or (c) of section 1302 of title 5 and any other regulation that implements a provision of law referred to in paragraph (1). “(d) Personnel Action Defined.— In this section, the term ‘personnel action’ has the meaning given that term in section 2302 of title 5.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1599c. Veterans’ preference requirements: Department of Defense failure to comply treated as a prohibited personnel practice.”. (b) Applicability of Title 5 Procedures and Sanctions.— Paragraph (1) of section 2302(a) of title 5, United States Code, is amended to read as follows: “(1) For purposes of this title, ‘prohibited personnel practice’ means the following: “(A) Any action described in subsection (b) of this section. “(B) Any action or failure to act that is designated as a prohibited personnel action under section 1599c(a) of title 10.”. (c) Reporting Requirement.— Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a written report on— (1) the implementation of— (A) section 1599c of title 10, United States Code, as added by subsection (a); and (B) subparagraph (B) of section 2302(a)(1) of title 5, United States Code, as added by subsection (b); and (2) the administration of veterans’ preference requirements by the Department of Defense generally. SEC. 1616. PILOT PROGRAMS FOR DEFENSE EMPLOYEES CONVERTED TO CONTRACTOR EMPLOYEES DUE TO PRIVATIZATION AT CLOSED MILITARY INSTALLATIONS. (a) Pilot Programs Authorized.— (1) The Secretary of Defense, after consultation with the Director of the Office of Personnel Management, may establish one or more pilot programs under which Federal retirement benefits are provided in accordance with this section to persons who convert from Federal employment to employment by a Department of Defense contractor in connection with the privatization of the performance of functions at selected military installations being closed under the base closure and realignment process. (2) The Secretary of Defense shall select the military installations to be covered by a pilot program under this section. (b) Eligible Converted Employees.— (1) A person is a converted employee eligible for Federal retirement benefits under this section if the person is a former employee of the Department of Defense (other than a temporary employee) who— (A) while employed by the Department of Defense at a military installation selected to participate in a pilot program, performed a function that was recommended, in a report of the Defense Base Closure and Realignment Commission submitted to the President under the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), to be privatized for performance by a defense contractor at the same installation or in the vicinity of the installation; (B) while so employed, separated from Federal service after being notified that the employee would be separated in a reduction in force resulting from such privatization; (C) at the time separated from Federal service, was covered under the Civil Service Retirement System, but was not eligible for an immediate annuity under the Civil Service Retirement System; (D) does not withdraw retirement contributions under section 8342 of title 5, United States Code; (E) within 60 days following such separation, is employed by the defense contractor selected to privatize the function to perform substantially the same function performed by the person before the separation; and (F) remains employed by the defense contractor (or a successor defense contractor) or subcontractor of the defense contractor (or successor defense contractor) until attaining early deferred retirement age (unless the employment is sooner involuntarily terminated for reasons other than performance or conduct of the employee). (2) A person who, under paragraph (1), would otherwise be eligible for an early deferred annuity under this section shall not be eligible for such benefits if the person received separation pay or severance pay due to a separation described in subparagraph (B) of that paragraph unless the person repays the full amount of such pay with interest (computed at a rate determined appropriate by the Director of the Office of Personnel Management) to the Department of Defense before attaining early deferred retirement age. (c) Retirement Benefits of Converted Employees.— In the case of a converted employee covered by a pilot program, payment of a deferred annuity for which the converted employee is eligible under section 8338(a) of title 5, United States Code, shall commence on the first day of the first month that begins after the date on which the converted employee attains early deferred retirement age, notwithstanding the age requirement under that section. If the employment of a converted employee is involuntarily terminated by the defense contractor or subcontractor as described in subsection (b)(1)(F) and the converted employee resumes Federal service before the converted employee attains early deferred retirement age, the converted employee shall once again be covered under the Civil Service Retirement System instead of the pilot program. (d) Computation of Average Pay.— (1) (A) This paragraph applies to a converted employee who was employed in a position classified under the General Schedule immediately before the employee’s covered separation from Federal service. (B) Subject to subparagraph (C), for purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under section 8331(4) of title 5, United States Code, as of the date of the employee’s covered separation from Federal service, shall be adjusted at the same time and by the same percentage that rates of basic pay are increased under section 5303 of such title during the period beginning on that date and ending on the date on which the converted employee attains early deferred retirement age. (C) The average pay of a converted employee, as adjusted under subparagraph (B), may not exceed the amount to which an annuity of the converted employee could be increased under section 8340 of title 5, United States Code, in accordance with the limitation in subsection (g)(1) of such section (relating to maximum pay, final pay, or average pay). (2) (A) This paragraph applies to a converted employee who Applicability. was a prevailing rate employee (as defined under section 5342(2) of title 5, United States Code) immediately before the employee’s covered separation from Federal service. (B) For purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under section 8331(4) of title 5, United States Code, as of the date of the employee’s covered separation from Federal service, shall be adjusted at the same time and by the same percentage that pay rates for positions that are in the same area as, and are comparable to, the last position the converted employee held as a prevailing rate employee, are increased under section 5343(a) of such title during the period beginning on that date and ending on the date on which the converted employee attains early deferred retirement age. (e) Payment of Unfunded Liability.— (1) The military department concerned shall be liable for that portion of any estimated increase in the unfunded liability of the Civil Service Retirement and Disability Fund established under section 8348 of title 5, United States Code, which is attributable to any benefits payable from such Fund to a converted employee, and any survivor of a converted employee, when the increase results from— (A) an increase in the average pay of the converted employee under subsection (d) upon which such benefits are computed; and (B) the commencement of an early deferred annuity in accordance with this section before the attainment of 62 years of age by the converted employee. (2) The estimated increase in the unfunded liability for each department referred to in paragraph (1) shall be determined by the Director of the Office of Personnel Management. In making the determination, the Director shall consider any savings to the Fund as a result of a pilot program established under this section. The Secretary of the military department concerned shall pay the amount so determined to the Director in 10 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in average pay under subsection (d) becomes effective. (f) Contractor Service Not Creditable.— Service performed by a converted employee for a defense contractor after the employee’s covered separation from Federal service is not creditable service for purposes of subchapter III of chapter 83 of title 5, United States Code. (g) Receipt of Benefits While Employed by a Defense Contractor.— A converted employee may commence receipt of an early deferred annuity in accordance with this section while continuing to work for a defense contractor. (h) Lump-Sum Credit Payment.— If a converted employee dies before attaining early deferred retirement age, such employee shall be treated as a former employee who dies not retired for purposes of payment of the lump-sum credit under section 8342(d) of title 5, United States Code. (i) Continued Federal Health Benefits Coverage.— Notwithstanding section 8905a(e)(1)(A) of title 5, United States Code, the continued coverage of a converted employee for health benefits under chapter 89 of such title by reason of the application of section 8905a of such title to such employee shall terminate 90 days after the date of the employee’s covered separation from Federal employment. For the purposes of the preceding sentence, a person who, except for subsection (b)(2), would be a converted employee shall be considered a converted employee. (j) Report by General Accounting Office.— The Comptroller General shall conduct a study of each pilot program, if any, established under this section and submit a report on the pilot program to Congress not later than two years after the date on which the program is established. The report shall contain the following: (1) A review and evaluation of the program, including— (A) an evaluation of the success of the privatization outcomes of the program; (B) a comparison and evaluation of such privatization outcomes with the privatization outcomes with respect to facilities at other military installations closed or realigned under the base closure laws; (C) an evaluation of the impact of the program on the Federal workforce and whether the program results in the maintenance of a skilled workforce for defense contractors at an acceptable cost to the military department concerned; and (D) an assessment of the extent to which the program is a cost-effective means of facilitating privatization of the performance of Federal activities. (2) Recommendations relating to the expansion of the program to other installations and employees. (3) Any other recommendation relating to the program. (k) Implementing Regulations.— Not later than 30 days after the Secretary of Defense notifies the Director of the Office of Personnel Management of a decision to establish a pilot program under this section, the Director shall prescribe regulations to carry out the provisions of this section with respect to that pilot program. Before prescribing the regulations, the Director shall consult with the Secretary. (l) Definitions.— In this section: (1) The term “converted employee” means a person who, pursuant to subsection (b), is eligible for benefits under this section. (2) The term “covered separation from Federal service” means a separation from Federal service as described under subsection (b)(1)(B). (3) The term “Civil Service Retirement System” means the retirement system under subchapter III of chapter 83 of title 5, United States Code. (4) The term “defense contractor” means any entity that— (A) contracts with the Department of Defense to perform a function previously performed by Department of Defense employees; (B) performs that function at the same installation at which such function was previously performed by Department of Defense employees or in the vicinity of that installation; and (C) is the employer of one or more converted employees. (5) The term “early deferred retirement age” means the first age at which a converted employee would have been eligible for immediate retirement under subsection (a) or (b) of section 8336 of title 5, United States Code, if such converted employee had remained an employee within the meaning of section 8331(1) of such title continuously until attaining such age. (6) The term “severance pay” means severance pay payable under section 5595 of title 5, United States Code. (7) The term “separation pay” means separation pay payable under section 5597 of title 5, United States Code. (m) Application of Pilot Program.— In the event that a pilot program is established for a military installation, the pilot program shall apply to a covered separation from Federal service by an employee of the Department of Defense at the installation occurring on or after August 1, 1996. Subtitle B— Department of Defense Intelligence Personnel Policy SEC. 1631. SHORT TITLE. This subtitle may be cited as the “Department of Defense Civilian Intelligence Personnel Policy Act of 1996”. 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 “I. Defense-Wide Intelligence Personnel Policy “II. Defense Intelligence Agency Personnel “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. “§ 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-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 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; “(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. “(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.”. (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) Procedures. 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. “(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.”. SEC. 1633. REPEAL OF SUPERSEDED SECTIONS AND CLERICAL AND CONFORMING AMENDMENTS. (a) Repeal of Separate Military Department Authorities.— Section 1590 of title 10, United States Code, is repealed. (b) Repeal of Separate National Security Agency Authorities.— The following provisions of law are repealed: (1) Sections 2 and 4 of the National Security Agency Act of 1959 (50 U.S.C. 402 note). (2) Section 303 of the Internal Security Act of 1950 (50 U.S.C. 833). (c) Clerical Amendments.— Title 10, United States Code, is amended as follows: (1) The heading for section 1605 is amended to read as follows: “§ 1605. Benefits for certain employees assigned outside the United States”. (2) The table of sections at the beginning of chapter 81 is amended by striking out the items relating to sections 1590 and 1599. (3) The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, are amended by striking out the item relating to chapter 83 and inserting in lieu thereof the following: “83. Civilian Defense Intelligence Employees (d) Conforming Amendment.— Section 1621 of such title, as transferred and redesignated by section 1632(a)(1), is amended by striking out “and Central Imagery Office”. (e) Cross Reference Amendments.— Chapter 81 of title 10, United States Code, is amended as follows: (1) Section 1593(a)(3) is amended by striking out “section 1606” and inserting in lieu thereof “section 1622”. (2) Section 1596(c) is amended by striking out “section 1604(b)” and inserting in lieu thereof “section 1602”. SEC. 1634. OTHER PERSONNEL MANAGEMENT AUTHORITIES. (a) Applicability of Federal Labor-Management Relations System.— Section 7103(a)(3) of title 5, United States Code, is amended— (1) by inserting “or” at the end of subparagraph (F); (2) by striking out “; or” at the end of subparagraph (G) and inserting in lieu thereof a period; and (3) by striking out subparagraph (H). (b) Applicability of Authority and Procedures for Imposing Certain Adverse Actions.— Section 7511(b)(8) of such title is amended by striking out “the National Security Agency” and all that follows through “title 10” and inserting in lieu thereof “an intelligence component of the Department of Defense (as defined in section 1614 of title 10), or an intelligence activity of a military department covered under subchapter I of chapter 83 of title 10”. SEC. 1635. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle shall take effect on October 1, 1996.

   Effective date note
   Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as a note under section 1593 of this title.

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