§1601 Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay

of 1996 Amendment Pub. L. 104–201, div. A, title XVI, § 1631, Sept. 23, 1996, 110 Stat. 2745, provided that: “This subtitle [subtitle B (§§ 1631–1635) of title XVI of div. A of Pub. L. 104–201, enacting this section and section 1602, 1603, 1606 to 1610, and 1612 to 1614 of this title, amending section 1593, 1596, 1605, 1611, and 1621 of this title and section 7103 and 7511 of Title 5, Government Organization and Employees, renumbering section 1599, 1602, 1606, and 1608 of this title as section 1611, 1621, 1622, and 1623 of this title, respectively, repealing section 1590, 1601, 1603, and 1604 of this title and section 833 of Title 50, War and National Defense, enacting provisions set out as a note under section 1593 of this title, and repealing provisions set out as a note under section 402 of Title 50] may be cited as the ‘Department of Defense Civilian Intelligence Personnel Policy Act of 1996’.” Delegation of Authority Pub. L. 97–89, title VII, § 701(b), Dec. 4, 1981, 95 Stat. 1160, provided that: “The authority of the Secretary of Defense under chapter 83 of title 10, United States Code, as added by subsection (a), may be delegated in accordance with section 133(d) [now 113(d)] of title 10, United States Code.” Provisions Relating to the Defense Civilian Intelligence Personnel System Pub. L. 111–84, div. A, title XI, § 1114, Oct. 28, 2009, 123 Stat. 2504, provided that: “(a) Suspension of Certain Pay Authority.—Effective with respect to amounts paid during the period beginning on the date of the enactment of this Act [Oct. 28, 2009] and ending on

December 31, 2010, rates of basic pay for employees and positions within any element of the intelligence community (as defined by the National Security Act of 1947 [50 U.S.C. 3001 et seq.])—“(1) may not be fixed under the Defense Civilian Intelligence Personnel System; and “(2) shall instead be fixed in accordance with the provisions of law that (disregarding DCIPS) would then otherwise apply. The preceding sentence shall not apply with respect to the National Geospatial-Intelligence Agency. “(b) Response to GAO Report.—Not later than 3 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional oversight committees a written description of any actions taken or proposed to be taken by such Secretary in response to the review and recommendations of the Government Accountability Office regarding the Defense Civilian Intelligence Personnel System. “(c) Independent Organization.—“(1) In general.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, the Director of the Office of Personnel Management, and the Director of National Intelligence shall jointly designate an independent organization to review the operation of the Defense Civilian Intelligence Personnel System, including—“(A) its impact on career progression; “(B) its appropriateness or inappropriateness in light of the complexities of the workforce affected; “(C) its sufficiency in terms of providing protections for diversity in promotion and retention of personnel; and “(D) the adequacy of the training, policy guidelines, and other preparations afforded in connection with transitioning to that system. “(2) Deadline.—The independent organization shall, after appropriate consultation with employees and employee organizations, submit its findings and recommendations under this section to the Secretary of Defense and the congressional oversight committees, in a written report, not later than

June 1, 2010. “(d) Proposed Actions Based on Report.—Not later than 60 days after receiving the report of the independent organization under subsection (c), the Secretary of Defense, in coordination with the Director of the Office of Personnel Management and the Director of National Intelligence, shall submit to the congressional oversight committees a written report describing any actions that the Secretary has taken or proposes to take in response to such report. “(e) Hold-harmless Provision.—No employee shall suffer any loss of or decrease in pay as a result of being converted from DCIPS in compliance with subsection (a). “(f) Definitions.—For purposes of this section—“(1) the terms ‘Defense Civilian Intelligence Personnel System’ and ‘DCIPS’ mean the civilian personnel system established by the Secretary of Defense under