
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1601]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
           CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
 
        SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
 
Sec. 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) Intelligence Senior Level positions designated under 
        section 1607 of this title; 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.

(Added Pub. L. 104-201, div. A, title XVI, Sec. 1632(a)(3), Sept. 23, 
1996, 110 Stat. 2746; amended Pub. L. 106-398, Sec. 1 [[div. A], title 
XI, Sec. 1141(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-318.)


                            Prior Provisions

    A prior section 1601, added Pub. L. 97-89, title VII, 
Sec. 701(a)(1), Dec. 4, 1981, 95 Stat. 1159; amended Pub. L. 101-194, 
title V, Sec. 506(c)(3), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 101-280, 
Sec. 6(d)(4), May 4, 1990, 104 Stat. 161; Pub. L. 101-510, div. A, title 
XIV, Sec. 1484(l)(5), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103-359, 
title V, Sec. 501(b)(1)(B), Oct. 14, 1994, 108 Stat. 3428, related to 
the Defense Intelligence Senior Executive Service, prior to repeal by 
Pub. L. 104-201, div. A, title XVI, Secs. 1632(a)(3), 1635, Sept. 23, 
1996, 110 Stat. 2745, 2752, effective Oct. 1, 1996. See section 1606 of 
this title.
    Provisions similar to those in this section were contained in 
sections 1590(a) and 1604(a) of this title prior to repeal by Pub. L. 
104-201, Secs. 1632(a)(3), 1633(a).


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-398, 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''.


                             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.


                      Short Title of 1996 Amendment

    Section 1631 of Pub. L. 104-201 provided that: ``This subtitle 
[subtitle B (Secs. 1631-1635) of title XVI of div. A of Pub. L. 104-201, 
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 section 833 of Title 50, War and National Defense, enacting 
provisions set out as a note under section 1593 of this title, and 
repealing provisions set out as a note under section 402 of Title 50] 
may be cited as the `Department of Defense Civilian Intelligence 
Personnel Policy Act of 1996'.''

                         Delegation of Authority

    Section 701(b) of Pub. L. 97-89 provided that: ``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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1602, 1606, 1612, 1613 of 
this title.
