10 U.S.C. § 1607 — Intelligence Senior Level positions

Page 1540 TITLE 10—ARMED FORCES § 1607 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 Amend- ment note under section 1593 of this title. § 1607. Intelligence Senior Level positions (a) DESIGNATION OF POSITIONS.—The Secretary of Defense may designate as an Intelligence Sen- ior Level position any defense intelligence posi- tion 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 car- ried out in accordance with regulations pre- scribed by the Secretary of Defense. (c) AWARD OF RANK TO EMPLOYEES IN INTEL- LIGENCE SENIOR LEVEL POSITIONS.—The Presi- dent, based on the recommendations of the Sec- retary of Defense, may award a rank referred to in section 4507a of title 5 to employees in Intel- ligence 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. (Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2747; amended Pub. L. 107–306, title V, § 503, Nov. 27, 2002, 116 Stat. 2407.) Editorial Notes REFERENCES IN TEXT Grade GS–15 of the General Schedule, referred to in subsec. (a)(1), is set out under section 5332 of Title 5, Government Organization and Employees. PRIOR PROVISIONS A prior section 1607 was renumbered section 424 of this title. Provisions similar to those in this section were con- tained in section 1604(f)(1), (3) of this title prior to re- peal by Pub. L. 104–201, § 1632(a)(3). AMENDMENTS 2002—Subsec. (c). Pub. L. 107–306 added subsec. (c). 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 Amend- ment note under section 1593 of this title. § 1608. Time-limited appointments (a) AUTHORITY FOR TIME-LIMITED APPOINT- MENTS.—The Secretary of Defense may by regu- lation authorize appointing officials to make time-limited appointments to defense intel- ligence positions specified in the regulations. (b) REVIEW OF USE OF AUTHORITY.—The Sec- retary of Defense shall review each time-limited appointment in a defense intelligence position at the end of the first year of the period of the appointment and determine whether the ap- pointment should be continued for the remain- der of the period. The continuation of a time- limited appointment after the first year shall be subject to the approval of the Secretary. (c) CONDITION ON PERMANENT APPOINTMENT TO DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERV- ICE.—An employee serving in a defense intel- ligence position pursuant to a time-limited ap- pointment is not eligible for a permanent ap- pointment to a Defense Intelligence Senior Ex- ecutive Service position (including a position in which the employee is serving) unless the em- ployee is selected for the permanent appoint- ment on a competitive basis. (d) TIME-LIMITED APPOINTMENT DEFINED.—In this section, the term ‘‘time-limited appoint- ment’’ means an appointment (subject to the condition in subsection (b)) for a period not to exceed two years. (Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2748.) Editorial Notes PRIOR PROVISIONS A prior section 1608 was renumbered section 1623 of this title. 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 Amend- ment note under section 1593 of this title. § 1609. Termination of defense intelligence em- ployees (a) TERMINATION AUTHORITY.—Notwith- standing any other provision of law, the Sec- retary of Defense may terminate the employ- ment of any employee in a defense intelligence position if the Secretary— (1) considers that action to be in the inter- ests of the United States; and (2) determines that the procedures pre- scribed in other provisions of law that author- ize the termination of the employment of such employee cannot be invoked in a manner con- sistent with the national security. (b) FINALITY.—A decision by the Secretary of Defense to terminate the employment of an em- ployee under this section is final and may not be appealed or reviewed outside the Department of Defense. (c) NOTIFICATION TO CONGRESSIONAL COMMIT- TEES.—Whenever the Secretary of Defense ter- minates the employment of an employee under the authority of this section, the Secretary shall promptly notify the congressional oversight committees 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 employ- ment with any other department or agency of