§ 1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay

• (a) 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) 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.