Page:United States Statutes at Large Volume 117.djvu/1581

 117 STAT. 1562

Deadline.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

PUBLIC LAW 108–136—NOV. 24, 2003

Department of Defense and contractor personnel as necessary to perform counterintelligence functions and polygraph activities of the Department. (D) That the authority to adjudicate background investigations will remain with the Department of Defense and that the transfer of Defense Security Service personnel to the Office of Personnel Management will improve the speed and efficiency of the adjudication process. (E) That the Department of Defense will retain within the Defense Security Service sufficient personnel and capabilities to improve Department of Defense industrial security programs and practices. (c) TRANSFER OF PERSONNEL.—(1) If the Director of the Office of Personnel Management accepts a transfer of functions under subsection (a), the Secretary of Defense shall also transfer to the Office of Personnel Management, and the Director shall accept— (A) the Defense Security Service employees who perform those functions immediately before the transfer of functions; and (B) the Defense Security Service employees who, as of such time, are first level supervisors of employees transferred under subparagraph (A). (2) The Secretary may also transfer to the Office of Personnel Management any Defense Security Service employees (including higher level supervisors) who provide support services for the performance of the functions transferred under subsection (a) or for the personnel (including supervisors) transferred under paragraph (1) if the Director— (A) determines that the transfer of such additional employees and the positions of such employees to the Office of Personnel Management is necessary in the interest of effective performance of the transferred functions; and (B) accepts the transfer of the additional employees. (3) In the case of an employee transferred to the Office of Personnel Management under paragraph (1) or (2), whether a fulltime or part-time employee— (A) subsections (b) and (c) of section 5362 of title 5, United States Code, relating to grade retention, shall apply to the employee, except that— (i) the grade retention period shall be the one-year period beginning on the date of the transfer; and (ii) paragraphs (1), (2), and (3) of such subsection (c) shall not apply to the employee; and (B) the employee may not be separated, other than pursuant to chapter 75 of title 5, United States Code, during such one-year period. (d) ACTIONS AFTER TRANSFER.—(1) Not later than one year after a transfer of functions to the Office of Personnel Management under subsection (a), the Director of the Office of Personnel Management, in coordination with the Secretary of Defense, shall review all functions performed by personnel of the Defense Security Service at the time of the transfer and make a written determination regarding whether each such function is inherently governmental or is otherwise inappropriate for performance by contractor personnel. (2) A function performed by Defense Security Service employees as of the date of the enactment of this Act may not be converted

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