§ 1606. Defense Intelligence Senior Executive Service

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Department of Defense Civilian Intelligence Personnel Policy Act of 1996

   Pub. L. 104–201 div. A title XVI § 1632(b) · 110 Stat. 2422

   Enacted · 10 U.S.C. § 1606

   Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2747

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2747

   Enacted provision · exact public law section
   (b) Matters Other Than Pay and Benefits.— Such chapter is further amended by inserting after section 1605 the following new sections: “§ 1606. Defense Intelligence Senior Executive Service “(a) Establishment.— The Secretary of Defense may establish a Defense Intelligence Senior Executive Service for defense intelligence positions established pursuant to section 1601(a) of this title that are equivalent to Senior Executive Service positions. The number of positions in the Defense Intelligence Senior Executive Service may not exceed 492. “(b) Regulations Consistent With Title 5 Provisions.— The Secretary of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to those regulations), and subchapter II of chapter 43 of such title. To the extent that the Secretary determines it practicable to apply to members of, or applicants for, the Defense Intelligence Senior Executive Service other provisions of title 5 that apply to members of, or applicants for, the Senior Executive Service, the Secretary shall also prescribe regulations to implement those provisions with respect to the Defense Intelligence Senior Executive Service. “(c) Award of Rank to Members of the Defense Intelligence Senior Executive Service.— The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in section 4507 of title 5 to members of the Defense Intelligence Senior Executive Service. The award of such rank shall be made in a manner consistent with the provisions of that section. “§ 1607. Intelligence Senior Level positions “(a) Designation of Positions.— The Secretary of Defense may designate as an Intelligence Senior Level position any defense intelligence position that, as determined by the Secretary— “(1) is classifiable above grade GS–15 of the General Schedule; “(2) does not satisfy functional or program management criteria for being designated a Defense Intelligence Senior Executive Service position; and “(3) has no more than minimal supervisory responsibilities. “(b) Regulations.— Subsection (a) shall be carried out in accordance with regulations prescribed by the Secretary of Defense. “§ 1608. Time-limited appointments “(a) Authority for Time-Limited Appointments.— The Secretary of Defense may by regulation authorize appointing officials to make time-limited appointments to defense intelligence positions specified in the regulations. “(b) Review of Use of Authority.— The Secretary of Defense shall review each time-limited appointment in a defense intelligence position at the end of the first year of the period of the appointment and determine whether the appointment should be continued for the remainder of the period. The continuation of a time-limited appointment after the first year shall be subject to the approval of the Secretary. “(c) Condition on Permanent Appointment to Defense Intelligence Senior Executive Service.— An employee serving in a defense intelligence position pursuant to a time-limited appointment is not eligible for a permanent appointment to a Defense Intelligence Senior Executive Service position (including a position in which the employee is serving) unless the employee is selected for the permanent appointment on a competitive basis. “(d) Time-Limited Appointment Defined.— In this section, the term ‘time-limited appointment’ means an appointment (subject to the condition in subsection (b)) for a period not to exceed two years. “§ 1609. Termination of defense intelligence employees “(a) Termination Authority.— Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee in a defense intelligence position if the Secretary— “(1) considers that action to be in the interests of the United States; and “(2) determines 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. “(b) Finality.— A decision by the Secretary of Defense to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the Department of Defense. “(c) Notification to Congressional Committees.— Whenever the Secretary of Defense terminates the employment of an employee under the authority of this section, the Secretary shall promptly notify the congressional oversight committees of such termination. “(d) Preservation of Right To Seek Other Employment.— Any termination of employment under this section does not affect the right of the employee involved to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management. “(e) Limitation on Delegation.— The authority of the Secretary of Defense under this section may be delegated only to the Deputy Secretary of Defense, the head of an intelligence component of the Department of Defense (with respect to employees of that component), or the Secretary of a military department (with respect to employees of that department). An action to terminate employment of such an employee by any such official may be appealed to the Secretary of Defense. “§ 1610. Reductions and other adjustments in force “(a) In General.— The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions, during a reduction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment in force notwithstanding sections 3501(b) and 3502 of title 5. “(b) Matters To Be Given Effect.— The regulations shall give effect to the following: “(1) Tenure of employment. “(2) Military preference, subject to sections 3501(a)(3) and 3502(b) of title 5. “(3) The veteran’s preference under section 3502(b) of title 5. “(4) Performance. “(5) Length of service computed in accordance with the second sentence of section 3502(a) of title 5. “(c) Regulations Relating to Defense Intelligence SES.— The regulations relating to removal from the Defense Intelligence Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5. “(d) Right of Appeal.— (1) The regulations shall provide a right of appeal regarding a personnel action under the regulations. The appeal shall be determined within the Department of Defense. An appeal determined at the highest level provided in the regulations snail be final and not subject to review outside the Department of Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or procedures. “(2) Notwithstanding paragraph (1), a preference eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a personnel action taken against the preference eligible under the regulation determined by the Merit Systems Protection Board instead of having the appeal determined within the Department of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board. “(e) Consultation With OPM.— Regulations under this section shall be prescribed in consultation with the Director of the Office of Personnel Management.”.

2. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 1606(a)

   Pub. L. 106–398 substituted “517” for “492”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–398 substituted “517” for “492”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

3. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title XI § 1121 · 115 Stat. 1012

   Substituted · 10 U.S.C. § 1606(a)

   Pub. L. 107–107 substituted “544” for “517”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–107 substituted “544” for “517”.

   Enacted provision · exact public law section
   SEC. 1121. AUTHORITY TO INCREASE MAXIMUM NUMBER OF POSITIONS IN THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE. Section 1606(a) of title 10, United States Code, is amended by striking “517” and inserting “544”.

4. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title XI § 1103(b) · 118 Stat. 1811

   Added · 10 U.S.C. § 1606(d)

   Pub. L. 108–375 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–375 added subsec. (d).

   Enacted provision · exact public law section
   (b) Performance Appraisal System.— Section 1606 of such title is amended by adding at the end the following new subsection: “(d) Performance Appraisals.— (1) The Defense Intelligence Senior Executive Service shall be subject to a performance appraisal system which, as designed and applied, is certified by the Secretary of Defense under section 5307 of title 5 as making meaningful distinctions based on relative performance. “(2) The performance appraisal system applicable to the Defense Intelligence Senior Executive Service under paragraph (1) may be the same performance appraisal system that is established and implemented within the Department of Defense for members of the Senior Executive Service.” .

5. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title XI § 1125 · 119 Stat. 3136

   Substituted · 10 U.S.C. § 1606(a)

   Pub. L. 109–163 substituted “594” for “544”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–163 substituted “594” for “544”.

   Enacted provision · exact public law section
   SEC. 1125. INCREASE IN AUTHORIZED NUMBER OF POSITIONS IN DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.   Section 1606(a) of title 10, United States Code, is amended by striking “544” and inserting “594”.

5 of 5 references resolved to an enrolled provision