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CIVILIAN INTELLIGENCE PERSONNEL: GENERAL AUTHORITY TO ESTABLISH EXCEPTED POSITIONS, APPOINT PERSONNEL, AND FIX RATES OF PAY
(a) GENERAL AUTHORITY.—The Secretary of Defense may—
(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.
(d) Subsection (a) applies to civilian personnel of the Department of Defense who—
(b) REGULATIONS.—Subsection (a) shall be carried out in accordance with regulations prescribed by the Secretary of Defense.
(c) AWARD OF RANK TO EMPLOYEES IN INTELLIGENCE SENIOR LEVEL POSITIONS.—The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in section 4507a of title 5 to employees in Intelligence Senior Level positions designated under subsection (a). The award of such rank shall be made in a manner consistent with the provisions of that section.
(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.
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—
(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.
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:
(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.—
(e) CONSULTATION WITH OPM.—Regulations under this section shall be prescribed in consultation with the Director of the Office of Personnel Management.
POSTEMPLOYMENT ASSISTANCE: CERTAIN TERMINATED INTELLIGENCE EMPLOYEES
(a) AUTHORITY.—Subject to subsection (c), the Secretary of Defense may, in the case of any individual who is a qualified former intelligence employee, use appropriated funds—
(b) QUALIFIED FORMER INTELLIGENCE EMPLOYEES.—For purposes of this section, a qualified former intelligence employee is an individual who was employed as a civilian employee of the Department of Defense in a sensitive defense intelligence position—
(c) CONDITIONS.—Assistance may be provided to a qualified former intelligence employee under subsection (a) only if the Secretary determines that such assistance is essential to—
(d) DURATION OF ASSISTANCE.—Assistance may not be provided under this section in the case of any individual after the end of the five-year period beginning on the date of the termination of the employment of the individual in a defense intelligence position.
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.—
(a) COLLECTIVE BARGAINING AGREEMENTS.—Nothing in sections 1601 through 1603 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.
In this subchapter:
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 of title 5, as in effect on October 31, 1993.
(b) Notwithstanding section 5901(a) of title 5, the amount of any such allowance shall be the greater of the following:
(c) An allowance paid under this section shall be treated in the same manner as is provided in subsection (c) of section 5901 of title 5 for an allowance paid under that section.
FINANCIAL ASSISTANCE TO CERTAIN EMPLOYEES IN ACQUISITION OF CRITICAL SKILLS
(a) The Secretary of Defense shall establish an undergraduate training program with respect to civilian employees of the Defense Intelligence Agency that is similar in purpose, conditions, content, and administration to the program which the Secretary of Defense is authorized to establish under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National Security Agency.
(b) Any payments made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.
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(Public Law 114-92, of November 25, 2015; 129 STAT. 979)
(b) INTERNATIONAL COMMITTEE OF THE RED CROSS ACCESS TO DETAINEES.—
On behalf of the Director of National Intelligence, I am pleased to make available the updated Summer 2016 Intelligence Community Legal Reference Book. We have expanded and updated the Reference Book to reflect legal developments since the previous edition was published in 2012 and in response to comments received from the Intelligence Community to that edition. Additionally, we are updating the online version of the reference book, which offers a searchable version of the book and additional reference materials. We encourage you to use this resource, which is available at www.dni.gov/ogc.
The Intelligence Community draws much of its authority and guidance from the body of law contained in this collection. We hope this proves to be a useful resource to professionals across the federal government.
This new edition is the result of many hours of hard work. I would like to extend my thanks to those across the Community who assisted the Office of General Counsel in recommending and preparing the authorities contained herein. I hope you find this book a valuable addition to your library and a useful tool as you carry out your vital mission.
Robert S. Litt
About This Book
The documents presented in this book have been updated to incorporate all amendments made since the Winter 2012 version through February 26, 2016, at which point the documents were, where possible, verified against the United States Code maintained by The Library of Congress and Westlaw. The text of these documents should be cited as “as amended.”
All documents in this book are UNCLASSIFIED.
This compilation was a significant effort and required many judgments concerning what text to include and how to organize the book. We welcome your thoughts for improving future versions.
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(Public Law 110-53, of August 3, 2007; 121 STAT. 362)
SEC. 208. PRIVACY PROVISIONS.
(a) SHORT TITLE—This section may be cited as the “Federal Agency Data Mining Reporting Act of 2007”.
(b) DEFINITIONS—In this section:
(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGENCIES—
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