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10 U.S.C. § 1601 — Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1607&num=0&edition=prelim); 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1601
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Stable record: federal_law:legal_authorities:record_usc_0f9f3b1e7e6c80bd7e47e339
Source file: Laws/federal/codes/united-states-code/title-10/section-1601-civilian-intelligence-personnel-general-authority-to-establish-excepted--014af6e708.md
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Passage SHA-256: 0d74f88c04c7d60bbb9e8dda3549fddac79b9b9364c3eced7b6828ee9da82004
Source location: Title 10, Chapter 83, § 1601; chapter-083-civilian-defense-intelligence-employees.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1607&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1601/a&num=0&edition=prelim) that are equivalent to Senior Executive Service positions. 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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim) to members of the Defense Intellige
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1606
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 401, comprising section 2 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 402
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(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 referred to in [section 4507a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507a&num=0&edition=prelim) to employees in Intelligence Senior Level positions designated under subsection (a). The award of such rank shall be made in a manner consistent with the provisions of that section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1607
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allowance Authorized.—**
(1) The Secretary of Defense may pay an allowance to each civilian employee of the Department of Defense who is required by law or regulation to wear a prescribed uniform in the performance of official duties.
(2) In lieu of providing an allowance under paragraph (1), the Secretary may provide a uniform to a civilian employee referred to in such paragraph.
(3) This subsection shall not apply with respect to a civilian employee of the Defense Intelligence Agency who is entitled to an allowance under [section 1622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1622&num=0&edition=prelim).
**(b) Amount of Allowance.—** Notwithstanding [section 5901(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/a&num=0&edition=prelim), the amount of an allowance paid, and the cost of uniforms provided, under subsection (a) to a civilian employee may not exceed $400 per year (or such higher maximum amount as the Secretary of Defense may by regulation prescribe).
**(c) Treatment of Allowance.—** An allowance paid, or uniform provided, under subsection (a) shall be treated in the same manner as is provided in [section 5901(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/c&num=0&edition=prelim) for an allowance paid under that section.
**(d) Use of Appropriated Funds for Allowance.—** Amounts appropriated annually to the Department of Defense for the pay of civilian employees may be used for uniforms, or for allowance for uniforms, as authorized by this section and [section 5901 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1593
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
(2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
(3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Sept. 23, 1950, ch. 1024, title III, § 303, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 169; amended Oct. 27, 1972, Pub. L. 92–596, § 7, 86 Stat. 1318; Oct. 21, 1977, Pub. L. 95–140, § 3(c), 91 Stat. 1173; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Oct. 1, 1986, Pub. L. 99–433, title I, § 110(h)(3), 100 Stat. 1004, related to termination of employment.
#### Effective Date of Repeal
Repeal 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 Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1593&num=0&edition=prelim), Armed Forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 833
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) For purposes of this section and any other provision of law, a military technician (dual status) is a Federal civilian employee who—
(A) is employed under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) or [section 709(b) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/b&num=0&edition=prelim);
(B) is required as a condition of that employment to maintain membership in the Selected Reserve; and
(C) is assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve or the armed forces.
(2) Military technicians (dual status) shall be authorized and accounted for as a separate category of civilian employees.
(3) A military technician (dual status) who is employed under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the primary duties described in paragraph (1):
(A) Supporting operations or missions assigned in whole or in part to the technician’s unit.
(B) Supporting operations or missions performed or to be performed by—
(i) a unit composed of elements from more than one component of the technician’s armed force; or
(ii) a joint forces unit that includes—
(I) one or more units of the technician’s component; or
(II) a member of the technician’s component whose reserve component assignment is in a position in an elemen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10216
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** For the purposes of this section and any other provision of law, a non-dual status technician is a civilian employee of the Department of Defense serving in a military technician position who—
(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve;
(2) is employed under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim) in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve; or
(3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection.
**(b) Employment Authorities.—** The authorities referred to in subsection (a) are the following:
(1) [Section 10216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216&num=0&edition=prelim).
(2) [Section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim).
(3) The requirements referred to in [section 8401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401&num=0&edition=prelim).
(4) Section 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), and any comparable provision of law enacted on an annual basis in the Department of Defense Appropriations Acts for fiscal years 1984 through 1995.
(5) Any memorandum of agreement between the Department of Defense and the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10217
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Fix Rates of Basic Pay.—** The Secretary of Defense (subject to the provisions of this section) shall fix the rates of basic pay for positions established under [section 1601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1601&num=0&edition=prelim) in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation.
**(b) Prevailing Rate Systems.—** The Secretary of Defense may, consistent with [section 5341 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim), adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to positions for civilian employees in or under which the Department of Defense may employ individuals described by section 5342(a)(2)(A) of that title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the “FBI–DEA Senior Executive Service”). The regulations establishing the FBI–DEA Senior Executive Service shall—
(1) meet the requirements set forth in section 3131 for the Senior Executive Service;
(2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2);
(3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
(4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of chapter 43;
(5) provide for—
(A) removal consistent with section 3592;
(B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken;
(C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out;
(D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to whic
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3151
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