10 U.S.C. § 1601 | Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay

(a)

General Authority .—

The Secretary of Defense may—

(1)

establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as the Secretary determines necessary to carry out the intelligence functions of the Department, including—

(A)

section 1607 of this title Intelligence Senior Level positions designated under ; and

(B)

positions in the Defense Intelligence Senior Executive Service;

(2)

appoint individuals to those positions (after taking into consideration the availability of preference eligibles for appointment to those positions); and

(3)

fix the compensation of such individuals for service in those positions.

(b)

Construction With Other Laws .—

The authority of the Secretary of Defense under subsection (a) applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.

Pub. L. 104–201, div. A, title XVI, § 1632(a)(3)Sept. 23, 1996110 Stat. 2746 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 (Added , , ; amended , title XI, § 1141(a)], , , 1654A–318.)

Editorial Notes

Prior Provisions

Pub. L. 97–89, title VII, § 701(a)(1)Dec. 4, 198195 Stat. 1159 Pub. L. 101–194, title V, § 506(c)(3)Nov. 30, 1989103 Stat. 1759 Pub. L. 101–280, § 6(d)(4)May 4, 1990104 Stat. 161 Pub. L. 101–510, div. A, title XIV, § 1484lNov. 5, 1990104 Stat. 1720 Pub. L. 103–359, title V, § 501(b)(1)(B)Oct. 14, 1994108 Stat. 3428 Pub. L. 104–201, div. A, title XVISept. 23, 1996110 Stat. 2745 Oct. 1, 1996section 1606 of this titleA prior section 1601, added , , ; amended , , ; , , ; ()(5), , ; , , , related to the Defense Intelligence Senior Executive Service, prior to repeal by , §§ 1632(a)(3), 1635, , , 2752, effective . See .

Pub. L. 104–201Provisions similar to those in this section were contained in sections 1590(a) and 1604(a) of this title prior to repeal by , §§ 1632(a)(3), 1633(a).

Amendments

Pub. L. 106–3982000—Subsec. (a)(1). , in introductory provisions, substituted “in the Department of Defense” for “in the intelligence components of the Department of Defense and the military departments” and “of the Department” for “of those components and departments”.

Statutory Notes and Related Subsidiaries

Effective Date

Oct. 1, 1996section 1635 of Pub. L. 104–201 section 1593 of this titleSection effective , see , set out as an Effective Date of 1996 Amendment note under .

Short Title of 1996 Amendment

Pub. L. 104–201, div. A, title XVI, § 1631Sept. 23, 1996110 Stat. 2745

Pub. L. 104–201 section 833 of Title 50 section 1593 of this title section 402 of Title 50“This subtitle [subtitle B (§§ 1631–1635) of title XVI of div. A of , enacting this section and sections 1602, 1603, 1606 to 1610, and 1612 to 1614 of this title, amending sections 1593, 1596, 1605, 1611, and 1621 of this title and sections 7103 and 7511 of Title 5, Government Organization and Employees, renumbering sections 1599, 1602, 1606, and 1608 of this title as sections 1611, 1621, 1622, and 1623 of this title, respectively, repealing sections 1590, 1601, 1603, and 1604 of this title and , War and National Defense, enacting provisions set out as a note under , and repealing provisions set out as a note under ] may be cited as the ‘Department of Defense Civilian Intelligence Personnel Policy Act of 1996’.”

, , , provided that:

Delegation of Authority

Pub. L. 97–89, title VII, § 701(b)Dec. 4, 198195 Stat. 1160

“The authority of the Secretary of Defense under chapter 83 of title 10, United States Code, as added by subsection (a), may be delegated in accordance with section 133(d) [now 113(d)] of title 10, United States Code.”

, , , provided that:

Provisions Relating to the Defense Civilian Intelligence Personnel System

Pub. L. 111–84, div. A, title XI, § 1114Oct. 28, 2009123 Stat. 2504

“(a)

Suspension of Certain Pay Authority .—

Oct. 28, 2009December 31, 201050 U.S.C. 3001Effective with respect to amounts paid during the period beginning on the date of the enactment of this Act [] and ending on , rates of basic pay for employees and positions within any element of the intelligence community (as defined by the National Security Act of 1947 [ et seq.])—

“(1)

may not be fixed under the Defense Civilian Intelligence Personnel System; and

“(2)

shall instead be fixed in accordance with the provisions of law that (disregarding DCIPS) would then otherwise apply.

The preceding sentence shall not apply with respect to the National Geospatial-Intelligence Agency.

“(b)

Response to GAO Report .—

Not later than 3 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional oversight committees a written description of any actions taken or proposed to be taken by such Secretary in response to the review and recommendations of the Government Accountability Office regarding the Defense Civilian Intelligence Personnel System.

“(c)

Independent Organization.—

“(1)

In general .—

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, the Director of the Office of Personnel Management, and the Director of National Intelligence shall jointly designate an independent organization to review the operation of the Defense Civilian Intelligence Personnel System, including—

“(A)

its impact on career progression;

“(B)

its appropriateness or inappropriateness in light of the complexities of the workforce affected;

“(C)

its sufficiency in terms of providing protections for diversity in promotion and retention of personnel; and

“(D)

the adequacy of the training, policy guidelines, and other preparations afforded in connection with transitioning to that system.

“(2)

Deadline .—

June 1, 2010The independent organization shall, after appropriate consultation with employees and employee organizations, submit its findings and recommendations under this section to the Secretary of Defense and the congressional oversight committees, in a written report, not later than .

“(d)

Proposed Actions Based on Report .—

Not later than 60 days after receiving the report of the independent organization under subsection (c), the Secretary of Defense, in coordination with the Director of the Office of Personnel Management and the Director of National Intelligence, shall submit to the congressional oversight committees a written report describing any actions that the Secretary has taken or proposes to take in response to such report.

“(e)

Hold-harmless Provision .—

No employee shall suffer any loss of or decrease in pay as a result of being converted from DCIPS in compliance with subsection (a).

“(f)

Definitions .—

For purposes of this section—

“(1)

the terms ‘Defense Civilian Intelligence Personnel System’ and ‘DCIPS’ mean the civilian personnel system established by the Secretary of Defense under regulations—

“(A)

prescribed pursuant to sections 1601 through 1614 of title 10, United States Code; and

“(B)

taking effect in September 2008 or thereafter; and

“(2)

the term ‘congressional oversight committees’ means—

“(A)

the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and

“(B)

the Committee on Armed Services and the Select Committee on Intelligence of the Senate.”

, , , provided that: