2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 83 - CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES (§§ 1601 - 1623)
Subchapter I - DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY (§§ 1601 - 1614)
Section 1601 - Civilian intelligence personnel: general authority to establish excepted positions, appoint...
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 1601 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Short Titles | Department of Defense Civilian Intelligence Personnel Policy Act of 1996 |
Source Credit | Added Pub. L. 104-201, div. A, title XVI, §1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 106-398, §1 [[div. A], title XI, §1141(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-318. |
Statutes at Large References | 95 Stat. 1159 103 Stat. 1759 104 Stat. 161, 1720 108 Stat. 3428 110 Stat. 2746, 2745 114 Stat. 1654 123 Stat. 2504 |
Public Law References | Public Law 97-89, Public Law 101-194, Public Law 101-280, Public Law 101-510, Public Law 103-359, Public Law 104-201, Public Law 106-398, Public Law 111-84 |
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(a)
(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)
(Added Pub. L. 104–201, div. A, title XVI, §1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 106–398, §1 [[div. A], title XI, §1141(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–318.)
Prior ProvisionsA prior section 1601, added Pub. L. 97–89, title VII, §701(a)(1), Dec. 4, 1981, 95 Stat. 1159; amended Pub. L. 101–194, title V, §506(c)(3), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 101–280, §6(d)(4), May 4, 1990, 104 Stat. 161; Pub. L. 101–510, div. A, title XIV, §1484(l)(5), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103–359, title V, §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, §§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, §§1632(a)(3), 1633(a).
Amendments2000—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 DateSection 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 AmendmentSection 1631 of Pub. L. 104–201 provided that: “This subtitle [subtitle B (§§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 AuthoritySection 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.”
Provisions Relating to the Defense Civilian Intelligence Personnel SystemPub. L. 111–84, div. A, title XI, §1114, Oct. 28, 2009, 123 Stat. 2504, provided that:
“(a)
“(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)
“(c)
“(1)
“(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)
“(d)
“(e)
“(f)
“(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.”
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