10 U.S.C. § 1601

Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay

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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; 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, § 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.)Editorial NotesPrior Provisions

A 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).

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”.

Statutory Notes and Related SubsidiariesEffective 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

Pub. L. 104–201, div. A, title XVI, § 1631, Sept. 23, 1996, 110 Stat. 2745, 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 Authority

Pub. L. 97–89, title VII, § 701(b), Dec. 4, 1981, 95 Stat. 1160, 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 System

Pub. L. 111–84, div. A, title XI, § 1114, Oct. 28, 2009, 123 Stat. 2504, provided that:“(a)Suspension of Certain Pay Authority.—Effective with respect to amounts paid during the period beginning on the date of the enactment of this Act [Oct. 28, 2009] and ending on December 31, 2010, rates of basic pay for employees and positions within any element of the intelligence community (as defined by the National Security Act of 1947 [50 U.S.C. 3001 et seq.])—“(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)Response to GAO Report.—Not later than 3 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional oversight committees a written description of any actions taken or proposed to be taken by such Secretary in response to the review and recommendations of the Government Accountability Office regarding the Defense Civilian Intelligence Personnel System.“(c)Independent Organization.—“(1)In general.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, the Director of the Office of Personnel Management, and the Director of National Intelligence shall jointly designate an independent organization to review the operation of the Defense Civilian Intelligence Personnel System, including—“(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)Deadline.—The independent organization shall, after appropriate consultation with employees and employee organizations, submit its findings and recommendations under this section to the Secretary of Defense and the congressional oversight committees, in a written report, not later than June 1, 2010.“(d)Proposed Actions Based on Report.—Not later than 60 days after receiving the report of the independent organization under subsection (c), the Secretary of Defense, in coordination with the Director of the Office of Personnel Management and the Director of National Intelligence, shall submit to the congressional oversight committees a written report describing any actions that the Secretary has taken or proposes to take in response to such report.“(e)Hold-harmless Provision.—No employee shall suffer any loss of or decrease in pay as a result of being converted from DCIPS in compliance with subsection (a).“(f)Definitions.—For purposes of this section—“(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.”

Notes of Decisions

Cited in 8 cases (6 in the last 5 years), 2008–2025 · leading case: Gary Davis v. Dep't of Def., 2022 MSPB 20 (MSPB 2022).

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Gary Davis v. Dep't of Def., 2022 MSPB 20 (MSPB 2022). “577 , ¶¶ 8-9 (finding that title 5 veterans’ preference laws did not apply to the Intelligence Specialist positions to which the appellant applied because the agency used the hiring authority under 10 U.S.C. § 1601 ); see also 5 C.F.R. § 1208.”

Rice v. Merit Sys. Prot. Bd., 522 F.3d 1311 (Fed. Cir. 2008). “§ 1612 (b)(1) preserved her Board appeal rights because she did not previously work in a position with Board appeal rights that was reestablished as an excepted service position under 10 U.S.C. § 1601 . Concluding that Ms. Rice had failed to satisfy her burden to show that the…”

Robert Conley v. Dep't of Def. (MSPB 2022). · cites it 3× “However, to the extent the agency is arguing that the appellant is not entitled to bring an IRA appeal because he was appointed under 10 U.S.C. § 1601 , id. at 7 , such an argument is unavailing.”

Wade DeBerry v. Dep't of Def. (MSPB 2023). · cites it 3× “ANALYSIS ¶5 Although Title 5 veterans’ preference requirements apply to Federal hiring in general, there are certain appointing authorities, including 10 U.S.C. § 1601 , that allow for appointment without regard to these requirements.”

Michael A. Murphy Boston v. Dep't of the Army, 2015 MSPB 47 (MSPB 2015). · cites it 7× “The agency further asserted that the Title 5 provisions 3 relating to veterans’ preference rights did not apply because the positions were filled pursuant to 10 U.S.C. § 1601 . IAF, Tab 6 at 7-8. ¶4 The administrative judge found that the Board has VEOA jurisdiction over the…”

Judy Hartman v. Dep't of the Navy (MSPB 2024). “The record reflects that the appellant had an excepted service appointment under the authority of 10 U.S.C. § 1601 , which covers civilian intelligence personnel, and that she was not preference eligible.”

Bombeva v. MSPB (Fed. Cir. 2025). “Bombeva contends that 10 U.S.C. § 1601 , which authorizes the Secretary of Defense to establish de- fense intelligence positions in the excepted service, does not apply to her former position as an intelligence special- ist because it applies only to Senior Level positions.”

Arter v. United States (Fed. Cl. 2025). “See 10 U.S.C. § 1601 (authorizing the Secretary of Defense to establish civilian intelligence positions); id.”

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