2002 US Code
Title 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE (DTS-PO)
Sec. 7302 - Personnel

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§7302. Personnel (a) Establishment of position of Chief Executive Officer (1) In general

Effective 60 days after December 27, 2000, there is established the position of Chief Executive Officer of the Diplomatic Telecommunications Service Program Office (hereinafter in this chapter referred to as the “CEO”).

(2) Qualifications (A) In general

The CEO shall be an individual who—

(i) is a communications professional;

(ii) has served in the commercial telecommunications industry for at least 7 years;

(iii) has an extensive background in communications system design, maintenance, and support and a background in organizational management; and

(iv) submits to a background investigation and possesses the necessary qualifications to obtain a security clearance required to meet the highest United States Government security standards.

(B) Limitations

The CEO may not be an individual who was an officer or employee of DTS-PO prior to December 27, 2000.

(3) Appointment authority

The CEO of DTS-PO shall be appointed by the Director of the Office of Management and Budget.

(4) First appointment (i) Deadline

The first appointment under this subsection shall be made not later than May 1, 2001.

(ii) Limitation on use of funds

Of the funds available for DTS-PO on December 27, 2000, not more than 75 percent of such funds may be obligated or expended until a CEO is appointed under this subsection and assumes such position.

(iii) May not be an officer or employee of Federal Government

The individual first appointed as CEO under this chapter may not have been an officer or employee of the Federal government 1 during the 1-year period immediately preceding such appointment.

(5) Vacancy

In the event of a vacancy in the position of CEO or during the absence or disability of the CEO, the Director of the Office of Management and Budget may designate an officer or employee of DTS-PO to perform the duties of the position as the acting CEO.

(6) Authorities and duties (A) In general

The CEO shall have responsibility for day-to-day management and operations of DTS, subject to the supervision of the Diplomatic Telecommunication Service Oversight Board established under this chapter.

(B) Specific authorities

In carrying out the responsibility for day-to-day management and operations of DTS, the CEO shall, at a minimum, have—

(i) final decision-making authority for implementing DTS policy; and

(ii) final decision-making authority for managing all communications technology and security upgrades to satisfy DTS user requirements.

(C) Certification regarding security

The CEO shall certify to the appropriate congressional committees that the operational and communications security requirements and practices of DTS conform to the highest security requirements and practices required by any agency utilizing the DTS.

(D) Reports to Congress (i) Semiannual reports

Except as provided in clause (ii), beginning on August 1, 2001, and every 6 months thereafter, the CEO shall submit to the appropriate congressional committees of jurisdiction a report regarding the activities of DTS-PO during the preceding 6 months, the current capabilities of DTS-PO, and the priorities of DTS-PO for the subsequent 6-month period. Each report shall include a discussion about any administrative, budgetary, or management issues that hinder the ability of DTS-PO to fulfill its mandate.

(ii) Submittal date of reports to congressional intelligence committees

In the case of reports required to be submitted under clause (i) to the congressional intelligence committees (as defined in section 401a of title 50), the submittal dates for such reports shall be as provided in section 415b of title 50.

(iii) Other reports

In addition to the reports required by clause (i), the CEO shall keep the appropriate congressional committees of jurisdiction fully and currently informed with regard to DTS-PO activities, particularly with regard to any significant security infractions or major outages in the DTS.

(b) Establishment of positions of Deputy Executive Officer (1) In general

There shall be two Deputy Executive Officers of the Diplomatic Telecommunications Service Program Office, each to be appointed by the President.

(2) Duties

The Deputy Executive Officers shall perform such duties as the CEO may require.

(c) Termination of positions of Director and Deputy Director

Effective upon the first appointment of a CEO pursuant to subsection (a) of this section, the positions of Director and Deputy Director of DTS-PO shall terminate.

(d) Employees of DTS-PO (1) In general

DTS-PO is authorized to have the following employees: a CEO established under subsection (a) of this section, two Deputy Executive Officers established under subsection (b) of this section, and not more than four other employees.

(2) Applicability of certain civil service laws

The CEO and other officers and employees of DTS-PO may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.

(3) Authority of Director of OMB to prescribe pay of employees

The Director of the Office of Management and Budget shall prescribe the rates of basic pay for positions to which employees are appointed under this section on the basis of their unique qualifications.

(e) Staff of Federal agencies (1) In general

Upon request of the CEO, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to DTS-PO to assist it in carrying out its duties under this chapter.

(2) Continuation of service

An employee of a Federal department or agency who was performing services on behalf of DTS-PO prior to the effective date of the reorganization under this chapter shall continue to be detailed to DTS-PO after that date, upon request.

(Pub. L. 106–567, title III, §322, Dec. 27, 2000, 114 Stat. 2843; Pub. L. 107–306, title VIII, §811(b)(5)(E), Nov. 27, 2002, 116 Stat. 2425.)

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (d)(2), are classified to section 3301 et seq. of Title 5, Government Organization and Employees.

Amendments

2002—Subsec. (a)(6)(D)(i). Pub. L. 107–306, §811(b)(5)(E)(i), substituted “Except as provided in clause (ii), beginning on” for “Beginning on”.

Subsec. (a)(6)(D)(ii). Pub. L. 107–306, §811(b)(5)(E)(ii), (iii), added cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (a)(6)(D)(iii). Pub. L. 107–306, §811(b)(5)(E)(iii), (iv), redesignated cl. (ii) as (iii) and substituted “reports required” for “report required”.

Section Referred to in Other Sections

This section is referred to in title 50 section 415b.

1 So in original. Probably should be capitalized.