§ 7302. — Personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC7302]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 80--DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE (DTS-
PO)
Sec. 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.
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\1\ So in original. Probably should be capitalized.
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(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, Sec. 322, Dec. 27, 2000, 114 Stat. 2843;
Pub. L. 107-306, title VIII, Sec. 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, Sec. 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, Sec. 811(b)(5)(E)(ii),
(iii), added cl. (ii). Former cl. (ii) redesignated (iii).
Subsec. (a)(6)(D)(iii). Pub. L. 107-306, Sec. 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.
