§1606 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can create a Defense Intelligence Senior Executive Service for defense intelligence jobs that match Senior Executive Service jobs. The total number of these positions cannot be more than 594. The Secretary must write rules for this service that follow the requirements in title 5 (sections 3131; 3132(a)(2); 3396(c); 3592; 3595(a); 5384; 6304; subsections (a), (b), and (c) of section 7543; and subchapter II of chapter 43). Any hearing or appeal a member gets must follow those rules. The Secretary may also apply other title 5 rules to these members and write rules to do so. The President, after the Secretary’s recommendation, may give members a rank under section 4507 of title 5, following that section. Members must be covered by a performance review system that the Secretary certifies under section 5307 of title 5 as making real distinctions based on performance. That system can be the same one used for the Department of Defense Senior Executive Service.

Title 10, §1606

Armed Forces — Source: USLM XML via OLRC

(a)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 594.

(b)The Secretary of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the requirements set forth in section 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)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.

(d)(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1606 was renumbered section 1622 of this title. Provisions similar to those in this section were contained in section 1590(f), (g) and 1601(a)–(c) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a).

Amendments

2006—Subsec. (a). Pub. L. 109–163 substituted “594” for “544”. 2004—Subsec. (d). Pub. L. 108–375 added subsec. (d). 2001—Subsec. (a). Pub. L. 107–107 substituted “544” for “517”. 2000—Subsec. (a). Pub. L. 106–398 substituted “517” for “492”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an

Effective Date

of 1996 Amendment note under section 1593 of this title.

§1606 Defense Intelligence Senior Executive Service

Summary

Title 10, §1606

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata