---
kind: "range"
citation: "10 U.S.C. §§ 1606–1610"
title: "10"
from: "1606"
to: "1610"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/10/1606..1610"
---

# §1606. Defense Intelligence Senior Executive Service

- (a) **Establishment.—** The Secretary of Defense may establish a Defense Intelligence Senior Executive Service for [defense intelligence positions](/usc/10/1614.md?p=1) established pursuant to [section 1601(a) of this title](/usc/10/1601.md?p=a) that are equivalent to [Senior Executive Service positions](/usc/10/1614.md?p=6). The number of positions in the Defense Intelligence Senior Executive Service may not exceed 594.
- (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](/usc/5/3131.md), [3132(a)(2)](/usc/5/3132.md?p=a-2), [3396(c)](/usc/5/3396.md?p=c), [3592](/usc/5/3592.md), [3595(a)](/usc/5/3595.md?p=a), [5384](/usc/5/5384.md), and [6304](/usc/5/6304.md) of title 5, subsections [(a)](/usc/10/7543.md?p=a), [(b)](/usc/10/7543.md?p=b), and [(c)](/usc/10/7543.md?p=c) of section 7543 of such title (except that any hearing or appeal to which a [member](/usc/10/1408.md?p=a-5) of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to those regulations), and subchapter II of [chapter 43](/usc/10/chstA-ptII-ch43.md) of such title. To the extent that the Secretary determines it practicable to apply to [members](/usc/10/1408.md?p=a-5) of, or applicants for, the Defense Intelligence Senior Executive Service other provisions of [title 5](/usc/5.md) that apply to [members](/usc/10/1408.md?p=a-5) 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](/usc/10/101.md?p=b-8) referred to in [section 4507 of title 5](/usc/5/4507.md) to [members](/usc/10/1408.md?p=a-5) of the Defense Intelligence Senior Executive Service. The award of such [rank](/usc/10/101.md?p=b-8) shall be made in a manner consistent with the provisions of that section.
- (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](/usc/5/5307.md) as making meaningful distinctions based on relative performance.
  - (2) The performance appraisal system applicable to the Defense Intelligence Senior Executive Service under [paragraph (1)](#d-1) may be the same performance appraisal system that is established and implemented within the [Department](/usc/10/101.md?p=a-6) of Defense for [members](/usc/10/1408.md?p=a-5) of the Senior Executive Service.

# §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](/usc/10/1614.md?p=1) that, as determined by the Secretary—
  - (1) is classifiable above [grade](/usc/10/101.md?p=b-7) 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](/usc/10/1614.md?p=6); and
  - (3) has no more than minimal supervisory responsibilities.
- (b) **Regulations.—** [Subsection (a)](#a) shall be carried out in accordance with regulations prescribed by the Secretary of Defense.
- (c) **Award of Rank to Employees in Intelligence Senior Level Positions.—** The President, based on the recommendations of the Secretary of Defense, may award a [rank](/usc/10/101.md?p=b-8) referred to in [section 4507a of title 5](/usc/5/4507a.md) to employees in Intelligence Senior Level positions designated under [subsection (a)](#a). The award of such [rank](/usc/10/101.md?p=b-8) shall be made in a manner consistent with the provisions of that section.

# §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](/usc/10/1614.md?p=1) specified in the regulations.
- (b) **Review of Use of Authority.—** The Secretary of Defense shall review each [time-limited appointment](#d) in a [defense intelligence position](/usc/10/1614.md?p=1) 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](#d) 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](/usc/10/1614.md?p=1) pursuant to a time-limited appointment is not eligible for a permanent appointment to a Defense Intelligence [Senior Executive Service position](/usc/10/1614.md?p=6) (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)](#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](/usc/10/1614.md?p=1) if the Secretary—
  - (1) considers that action to be in the interests of the [United States](/usc/10/101.md?p=a-1); 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](/usc/10/101.md?p=a-6) 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](/usc/10/1614.md?p=3) 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](/usc/10/101.md?p=a-6) or [agency](/usc/10/4701.md?p=g-1) of the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/1614.md?p=2) (with respect to employees of that component), or the Secretary of a military [department](/usc/10/101.md?p=a-6) (with respect to employees of that [department](/usc/10/101.md?p=a-6)). 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](/usc/10/1614.md?p=1), including [members](/usc/10/1408.md?p=a-5) 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)](/usc/5/3501.md?p=b) and [3502](/usc/5/3502.md) 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)](/usc/5/3501.md?p=a-3) and [3502(b)](/usc/5/3502.md?p=b) of title 5.
  - (3) The veteran’s preference under [section 3502(b) of title 5](/usc/5/3502.md?p=b).
  - (4) Performance.
  - (5) Length of service computed in accordance with the second sentence of [section 3502(a) of title 5](/usc/5/3502.md?p=a).
- (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](/usc/5/3595.md?p=a).
- (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](/usc/10/101.md?p=a-6) of Defense. An appeal determined at the highest level provided in the regulations shall be final and not subject to review outside the [Department](/usc/10/101.md?p=a-6) 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)](#d-1), a [preference eligible](/usc/10/1614.md?p=5) referred to in [section 7511(a)(1)(B) of title 5](/usc/5/7511.md?p=a-1-B) may elect to have an appeal of a personnel action taken against the [preference eligible](/usc/10/1614.md?p=5) under the regulation determined by the Merit Systems Protection Board instead of having the appeal determined within the [Department](/usc/10/101.md?p=a-6) of Defense. [Section 7701 of title 5](/usc/5/7701.md) 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.