tional Imagery and Mapping Agency. Transfers of appropriations from the Central Intelligence Agency under this subsection shall be made in accordance with section 1531 of title 31, United States Code. (b) DETERMINATION OF CIA POSITIONS TO BE TRANSFERRED.— Not earlier than two years after the effective date of this subtitle, the Secretary of Defense and the Director of Central Intelligence shall determine which, if any, positions and personnel of the Central Intelligence Agency are to be transferred to the National Imagery and Mapping Agency. The positions to be transferred, and the employees serving in such positions, shall be transferred to the National Imagery and Mapping Agency under terms and conditions prescribed by the Secretary of Defense and the Director of Central Intelligence. (c) RULE FOR CIA IMAGERY ACTIVITIES ONLY PARTIALLY TRANSFERRED.-If the National Photographic Interpretation Center of the Central Intelligence Agency or any imagery-related activity of the Central Intelligence Agency authorized to be performed by the National Imagery and Mapping Agency is not completely transferred to the National Imagery and Mapping Agency, the Secretary of Defense and the Director of Central Intelligence shall (1) jointly determine which, if any, contracts, leases, property, and records employed, used, held, arising from, available to, or otherwise relating to such Center or activity is to be transferred to the National Imagery and Intelligence Agency; and (2) provide by written agreement for the transfer of such SEC. 1115. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES OF THE DEFENSE MAPPING AGENCY. In the case of an employee of the National Imagery and Mapping Agency who, on the day before the effective date of this title, was an employee of the Defense Mapping Agency in a career-conditional status, the continuous service of that employee as an employee of the National Imagery and Mapping Agency on and after such date shall be considered creditable service for the purpose of any determination of the career status of the employee. SEC. 1116. SAVING PROVISIONS. (a) CONTINUING EFFECT ON LEGAL DOCUMENTS.-All orders, determinations, rules, regulations, permits, agreements, international agreements, grants, contracts, leases, certificates, licenses, registrations, privileges, and other administrative actions— (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in connection with any of the functions which are transferred under this title or any function that the National Imagery and Mapping Agency is authorized to perform by law, and (2) which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Defense, the Director of the N tional Imagery and Mapping Agency or other authorized official, court of competent jurisdiction, or by operation of law. (b) PROCEEDINGS NOT AFFECTED.-This title and the amend ments made by this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any licens permit, certificate, or financial assistance pending before an ele ment of the Department of Defense or Central Intelligence Agency at the time this title takes effect, with respect to function of the element transferred by section 1122, but such proceedings and ap plications shall be continued. Orders shall be issued in such preceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly au thorized official, by a court of competent jurisdiction, or by oper ation of law. Nothing in this section shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. SEC. 1117. DEFINITIONS. In this subtitle, the terms "function", "imagery", "imagery intelligence", and "geospatial information" have the meanings given those terms in section 467 of title 10, United States Code, as added by section 1112. SEC. 1118. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for the National Imagery and Mapping Agency for fiscal year 1997 in amounts and for purposes, and subject to the terms, conditions, limitations, restrictions, and requirements, that are set forth in the Classified Annex to this Act. This title and the amendments made by this title shall take ef fect on October 1, 1996, or the date of the enactment of this Act, whichever is later. CHAPTERS 81 AND 83 OF TITLE 10, UNITED STATES CODE (DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL) CHAPTER 81-CIVILIAN EMPLOYEES § 1592. Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base clo sures Funds available to the Department of Defense (including funds in the Foreign National Employees Separation Pay Account, Defense, established under section 1581 of this title) may not be used to pay severance pay to a foreign national employed by the Department of Defense under a contract, a treaty, or a memorandum of understanding with a foreign nation that provides for payment of separation pay if the termination of the employment of the foreign national is the result of the closing of, or the curtailment of activities at, a United States military facility in that country at the request of the government of that country. * 1601. Civilian intelligence personnel: general authority to establish excepted postions, appoint personnel, and fix rates of pay. 1602. Basic pay. 1603. Additional compensation, incentives, and allowances. [1604. Repealed.] 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. 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 Department of Defense as the Secretary determines necessary carry out the to intelligence functions of the Department, 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 positions 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 (B). (C) both of the factors specified in subparagraphs (A) and (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. |