US (United States) Code. Title 22. Chapter 80: Diplomatic Telecommunications Service Program Office

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-CITE-

22 USC CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE

PROGRAM OFFICE (DTS-PO) 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

(DTS-PO)

-HEAD-

CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

(DTS-PO)

-MISC1-

Sec.

7301. Reorganization of Diplomatic Telecommunications

Service Program Office.

(a) Reorganization.

(b) Purpose and duties of DTS-PO.

7302. Personnel.

(a) Establishment of position of Chief Executive

Officer.

(b) Establishment of positions of Deputy Executive

Officer.

(c) Termination of positions of Director and Deputy

Director.

(d) Employees of DTS-PO.

(e) Staff of Federal agencies.

7303. Diplomatic Telecommunications Service Oversight Board.

(a) Oversight Board established.

7304. General provisions.

(a) Report to Congress.

(b) Notification requirements.

(c) Procurement authority of DTS-PO.

(d) Definition of appropriate congressional

committees of jurisdiction.

(e) Statutory construction.

(f) Authorization of appropriations for DTS-PO.

-End-

-CITE-

22 USC Sec. 7301 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

(DTS-PO)

-HEAD-

Sec. 7301. Reorganization of Diplomatic Telecommunications Service

Program Office

-STATUTE-

(a) Reorganization

Effective 60 days after December 27, 2000, the Diplomatic

Telecommunications Service Program Office (DTS-PO) established

pursuant to title V of Public Law 102-140 shall be reorganized in

accordance with this chapter.

(b) Purpose and duties of DTS-PO

The purpose and duties of DTS-PO shall be to carry out a program

for the establishment and maintenance of a diplomatic

telecommunications system and communications network (hereinafter

in this chapter referred to as "DTS") capable of providing multiple

levels of service to meet the wide ranging needs of all United

States Government agencies and departments at diplomatic facilities

abroad, including national security needs for secure, reliable, and

robust communications capabilities.

-SOURCE-

(Pub. L. 106-567, title III, Sec. 321, Dec. 27, 2000, 114 Stat.

2843.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 102-140, referred to in subsec. (a), is Pub. L.

102-140, Oct. 28, 1991, 105 Stat. 782, as amended. Title V of the

Act is not classified to the Code. For complete classification of

this Act to the Code, see Tables.

-MISC1-

TWO-YEAR SUSPENSION OF REORGANIZATION OF DIPLOMATIC

TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

Pub. L. 107-108, title III, Sec. 311, Dec. 28, 2001, 115 Stat.

1401, as amended by Pub. L. 107-306, title III, Sec. 351, Nov. 27,

2002, 116 Stat. 2401, provided that: "Notwithstanding any provision

of subtitle B [Sec. 321 et seq.] of title III of the Intelligence

Authorization Act for Fiscal Year 2001 (Public Law 106-567; 114

Stat. 2843; 22 U.S.C. 7301 et seq.), relating to the reorganization

of the Diplomatic Telecommunications Service Program Office, no

provision of that subtitle shall be effective during the period

beginning on the date of the enactment of this Act [Dec. 28, 2001]

and ending on October 1, 2003."

REFORM OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.

305], Nov. 29, 1999, 113 Stat. 1536, 1501A-435, provided that:

"(a) Additional Resources. - In addition to other amounts

authorized to be appropriated for the purposes of the Diplomatic

Telecommunications Service Program Office (DTS-PO), of the amounts

made available to the Department of State under section 101(2) [113

Stat. 1501A-410], $18,000,000 shall be made available only to the

DTS-PO for enhancement of Diplomatic Telecommunications Service

capabilities.

"(b) Improvement of DTS-PO. - In order for the DTS-PO to better

manage a fully integrated telecommunications network to service all

agencies at diplomatic missions and consular posts, the DTS-PO

shall -

"(1) ensure that those enhancements of, and the provision of

service for, telecommunication capabilities that involve the

national security interests of the United States receive the

highest prioritization;

"(2) not later than December 31, 1999, terminate all leases for

satellite systems located at posts in criteria countries, unless

all maintenance and servicing of the satellite system is

undertaken by United States citizens who have received

appropriate security clearances;

"(3) institute a system of charges for utilization of bandwidth

by each agency beginning October 1, 2000, and institute a

comprehensive chargeback system to recover all, or substantially

all, of the other costs of telecommunications services provided

through the Diplomatic Telecommunications Service to each agency

beginning October 1, 2001;

"(4) ensure that all DTS-PO policies and procedures comply with

applicable policies established by the Overseas Security Policy

Board; and

"(5) maintain the allocation of the positions of Director and

Deputy Director of DTS-PO as those positions were assigned as of

June 1, 1999, which assignments shall pertain through fiscal year

2001, at which time such assignments shall be adjusted in the

customary manner.

"(c) Report on Improving Management. - Not later than March 31,

2000, the Director and Deputy Director of DTS-PO shall jointly

submit to the Committee on International Relations and the

Permanent Select Committee on Intelligence of the House of

Representatives and the Committee on Foreign Relations and the

Select Committee on Intelligence of the Senate the Director's plan

for improving network architecture, engineering, operations

monitoring and control, service metrics reporting, and service

provisioning, so as to achieve highly secure, reliable, and robust

communications capabilities that meet the needs of both national

security agencies and other United States agencies with overseas

personnel.

"(d) Funding of DTS-PO. - Funds appropriated for allocation to

DTS-PO shall be made available only for DTS-PO until a

comprehensive chargeback system is in place.

"(e) Appropriate Committees of Congress Defined. - In this

section, the term 'appropriate committees of Congress' means the

Committee on International Relations and the Permanent Select

Committee on Intelligence of the House of Representatives and the

Committee on Foreign Relations and the Select Committee on

Intelligence of the Senate."

-End-

-CITE-

22 USC Sec. 7302 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

(DTS-PO)

-HEAD-

Sec. 7302. Personnel

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

22 USC Sec. 7303 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

(DTS-PO)

-HEAD-

Sec. 7303. Diplomatic Telecommunications Service Oversight Board

-STATUTE-

(a) (!1) Oversight Board established

(1) In general

There is hereby established the Diplomatic Telecommunications

Service Oversight Board (hereinafter in this chapter referred to

as the "Board") as an instrumentality of the United States with

the powers and authorities herein provided.

(2) Status

The Board shall oversee and monitor the operations of DTS-PO

and shall be accountable for the duties assigned to DTS-PO under

this chapter.

(3) Membership

(A) In general

The Board shall consist of three members as follows:

(i) The Deputy Director of the Office of Management and

Budget.

(ii) Two members to be appointed by the President.

(B) Chairperson

The chairperson of the Board shall be the Deputy Director of

the Office of Management and Budget.

(C) Terms

Members of the Board appointed by the President shall serve

at the pleasure of the President.

(D) Quorum required

A quorum shall consist of all members of the Board and all

decisions of the Board shall require a majority vote.

(4) Prohibition on compensation

Members of the Board may not receive additional pay,

allowances, or benefits by reason of their service on the Board.

(5) Duties and authorities

The Board shall have the following duties and authorities with

respect to DTS-PO:

(A) To review and approve overall strategies, policies, and

goals established by DTS-PO for its activities.

(B) To review and approve financial plans, budgets, and

periodic financing requests developed by DTS-PO.

(C) To review the overall performance of DTS-PO on a periodic

basis, including its work, management activities, and internal

controls, and the performance of DTS-PO relative to approved

budget plans.

(D) To require from DTS-PO any reports, documents, and

records the Board considers necessary to carry out its

oversight responsibilities.

(E) To evaluate audits of DTS-PO.

(6) Limitation on authority

The CEO shall have the authority, without any prior review or

approval by the Board, to make such determinations as the CEO

considers appropriate and take such actions as the CEO considers

appropriate with respect to the day-to-day management and

operation of DTS-PO and to carry out the reforms of DTS-PO

authorized by section 305 of the Admiral James W. Nance and Meg

Donovan Foreign Relations Authorization Act, Fiscal Years 2000

and 2001 (section 305 of appendix G of Public Law 106-113).

-SOURCE-

(Pub. L. 106-567, title III, Sec. 323, Dec. 27, 2000, 114 Stat.

2845.)

-REFTEXT-

REFERENCES IN TEXT

Section 305 of the Admiral James W. Nance and Meg Donovan Foreign

Relations Authorization Act, Fiscal Years 2000 and 2001, referred

to in subsec. (a)(6), is section 1000(a)(7) [div. A, title III,

Sec. 305] of div. B of Pub. L. 106-113, which is set out as a note

under section 7301 of this title.

-FOOTNOTE-

(!1) So in original. Section enacted without a subsec. (b).

-End-

-CITE-

22 USC Sec. 7304 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 80 - DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE

(DTS-PO)

-HEAD-

Sec. 7304. General provisions

-STATUTE-

(a) Report to Congress

Not later than March 1, 2001, the Director of the Office of

Management and Budget shall submit to the appropriate congressional

committees of jurisdiction a report which includes the following

elements with respect to DTS-PO:

(1) Clarification of the process for the CEO to report to the

Board.

(2) Details of the CEO's duties and responsibilities.

(3) Details of the compensation package for the CEO and other

employees of DTS-PO.

(4) Recommendations to the Overseas Security Policy Board

(OSPB) for updates.

(5) Security standards for information technology.

(6) The upgrade precedence plan for overseas posts with

national security interests.

(7) A spending plan for the additional funds provided for the

operation and improvement of DTS for fiscal year 2001.

(b) Notification requirements

The notification requirements of sections 413a and 415 of title

50 shall apply to DTS-PO and the Board.

(c) Procurement authority of DTS-PO

The procurement authorities of any of the users of DTS shall be

available to the DTS-PO.

(d) Definition of appropriate congressional committees of

jurisdiction

As used in this chapter, the term "appropriate congressional

committees of jurisdiction" means the Committee on Appropriations,

the Committee on Foreign Relations, and the Select Committee on

Intelligence of the Senate and the Committee on Appropriations, the

Committee on International Relations, and the Permanent Select

Committee on Intelligence of the House of Representatives.

(e) Statutory construction

Nothing in this chapter shall be construed to negate or to reduce

the statutory obligations of any United States department or agency

head.

(f) Authorization of appropriations for DTS-PO

For each of the fiscal years 2002 through 2006, there are

authorized to be appropriated directly to DTS-PO such sums as may

be necessary to carry out the management, oversight, and security

requirements of this chapter.

-SOURCE-

(Pub. L. 106-567, title III, Sec. 324, Dec. 27, 2000, 114 Stat.

2846.)

-End-