Sec. 706. Intelligence community workplace protections
826 words·~4 min read·
/bill/118/s/4443/rs/section-706A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 102A(v) of the National Security Act of 1947 ( 50 U.S.C. 3024(v) ) is amended— by redesignating paragraphs
(2)through
(4)as paragraphs
(3)through (5), respectively; by inserting after paragraph
(1)the following: The Director shall promptly notify the congressional intelligence committees of any action taken pursuant to paragraph (1). ; and in paragraph (3), as redesignated by subparagraph (A), by striking occupying a position on the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 . Section 1601(a) of title 10, United States Code, is amended— by redesignating subsection
(b)as subsection (d); and by inserting after subsection
(a)the following: The Secretary shall promptly notify the congressional defense committees and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) of any action taken pursuant to subsection (a). An incumbent whose position is selected to be converted, without regard to the wishes of the incumbent, to the excepted service under subsection
(a)shall remain in the competitive service for the purposes of status and any accrued adverse action protections while the individual occupies that position or any other position to which the employee is moved involuntarily. Once such individual no longer occupies the converted position, the position may be treated as a regularly excepted service position. . An intelligence community incumbent employee whose position is selected to be converted from one excepted service schedule to another schedule within the excepted service without regard to the wishes of the incumbent shall remain in the current schedule for the purpose of status and any accrued adverse action protections while the individual occupies that position or any other position to which the employee is moved without regard to the wishes of the employee. Not later than 30 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees the guidelines and regulations of the element relating to employment status and protections relating to that status. In any case in which a guideline or regulation of an element of the intelligence community submitted pursuant to paragraph
(1)is modified or replaced, the head of the element shall promptly notify the congressional intelligence committees of the change and submit the new or modified guideline or regulation. Section 104A(e) of the National Security Act of 1947 ( 50 U.S.C. 3036(e) ) is amended— by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: Subject to subparagraph (B), the Director shall not take an action under paragraph
(1)to terminate the employment of an officer or employee, except in accordance with guidelines and regulations submitted to the congressional intelligence committees. The Director may take an action under paragraph
(1)without or in contravention of the guidelines and regulations specified in subparagraph
(A)of this paragraph if the Director determines that complying with such guidelines and regulations poses a threat to the national security of the United States. If the Director makes such a determination, the Director shall provide prompt notification to the congressional intelligence committees that includes— an explanation for the basis for the termination and the factual support for such determination; and an explanation for the determination that the process described in subparagraph
(A)poses a threat to the national security of the United States. . Section 1609(c) of title 10, United States Code, is amended by adding at the end the following: “Such notification shall include the following: An explanation for the determination that the termination was in the interests of the United States. An explanation for the determination that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security of the United States. . Section 7532 of title 5, United States Code, is amended by adding at the end the following: The head of an element of the intelligence community who takes an action under this section shall promptly notify the congressional intelligence committees of such action. Each notification under paragraph
(1)regarding an action shall include the following: An explanation for the determination that the action is necessary or advisable in the interests of national security. If the head of an element of the intelligence community determines, pursuant to subsection (a), that the interests of national security do not permit notification to the employee of the reasons for the action under that subsection, an explanation for such determination. In this subsection, the terms congressional intelligence committees and intelligence community have the meanings given such terms in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). . Nothing in this section shall be construed to diminish the rights conferred by chapter 75 of title 5, United States Code, or other applicable agency adverse action or disciplinary procedures.
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources