dreamproit/uscode huggingface dataset:
10 U.S.C. § 1604 (ARMED FORCES)
[§ 1604. Repealed. Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2745]
text: Section, added Pub. L. 98–618, title V, § 501(a), Nov. 8, 1984, 98 Stat. 3301; amended Pub. L. 99–569, title V, § 502, Oct. 27, 1986, 100 Stat. 3198; Pub. L. 100–178, title VI, § 602(a), Dec. 2, 1987, 101 Stat. 1015; Pub. L. 101–193, title V, § 503(b), Nov. 30, 1989, 103 Stat. 1708; Pub. L. 102–496, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3183; Pub. L. 103–359, title V, § 501(b)(1)(D), title VIII, § 806(b)(1), Oct. 14, 1994, 108 Stat. 3428, 3442; Pub. L. 104–93, title V, § 501, Jan. 6, 1996, 109 Stat. 970, related to civilian personnel management. See sections 1601 to 1603, 1607, and 1609 of this title.
heading: Effective Date of Repeal
text: 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 this title.
10 U.S.C. § 1607 (ARMED FORCES)
§ 1607. Intelligence Senior Level positions
(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 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.
(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.)
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 1607 was renumbered section 424 of this title.
Provisions similar to those in this section were contained in section 1604(f)(1), (3) of this title prior to repeal by Pub. L. 104–201, § 1632(a)(3).
heading: Amendments
text: 2002—Subsec. (c). Pub. L. 107–306 added subsec. (c).
heading: Effective Date
text: 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.
10 U.S.C. § 1608 (ARMED FORCES)
§ 1608. Time-limited appointments
(a) Authority for Time-Limited Appointments.—
The Secretary of Defense may by regulation authorize appointing officials to make time-limited appointments to defense intelligence positions specified in the regulations.
(b) Review of Use of Authority.—
The Secretary 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 appointment should be continued for the remainder 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 Service.—
An employee serving in a defense intelligence position pursuant to a time-limited appointment is not eligible for a permanent appointment to a Defense Intelligence Senior Executive Service position (including a position in which the employee is serving) unless the employee is selected for the permanent appointment on a competitive basis.
(d) Time-Limited Appointment Defined.—
In this section, the term “time-limited appointment” 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.)
heading: Prior Provisions
text: A prior section 1608 was renumbered section 1623 of this title.
heading: Effective Date
text: 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.
10 U.S.C. § 1609 (ARMED FORCES)
§ 1609. Termination of defense intelligence employees
(a) Termination Authority.—
Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee in a defense intelligence position if the Secretary—
(1) considers that action to be in the interests of the United States; and
(2) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security.
(b) Finality.—
A decision by the Secretary of Defense to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the Department of Defense.
(c) Notification to Congressional Committees.—
Whenever the Secretary of Defense terminates 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 employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management.
(e) Limitation on Delegation.—
The authority of the Secretary of Defense under this section may be delegated only to the Deputy Secretary of Defense, the head of an intelligence component of the Department of Defense (with respect to employees of that component), or the Secretary of a military department (with respect to employees of that department). An action to terminate employment of such an employee by any such official may be appealed to the Secretary of Defense.
(Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2748.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 1590(e) and 1604(e) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a).
heading: Effective Date
text: 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.
10 U.S.C. § 1610 (ARMED FORCES)
§ 1610. Reductions and other adjustments in force
(a) In General.—
The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions, during a reduction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment in force notwithstanding sections 3501(b) and 3502 of title 5.
(b) Matters To Be Given Effect.—
The regulations shall give effect to the following:
(1) Tenure of employment.
(2) Military preference, subject to sections 3501(a)(3) and 3502(b) of title 5.
(3) The veteran’s preference under section 3502(b) of title 5.
(4) Performance.
(5) Length of service computed in accordance with the second sentence of section 3502(a) of title 5.
(c) Regulations Relating to Defense Intelligence SES.—
The regulations relating to removal from the Defense Intelligence Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5.
(d) Right of Appeal.—
(1) The regulations shall provide a right of appeal regarding a personnel action under the regulations. The appeal shall be determined within the Department of Defense. An appeal determined at the highest level provided in the regulations shall be final and not subject to review outside the Department of Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or procedures.
(2) Notwithstanding paragraph (1), a preference eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a personnel action taken against the preference eligible under the regulation determined by the Merit Systems Protection Board instead of having the appeal determined within the Department of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board.
(e) Consultation With OPM.—
Regulations under this section shall be prescribed in consultation with the Director of the Office of Personnel Management.
(Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2749.)
heading: Effective Date
text: 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.
10 U.S.C. § 1612 (ARMED FORCES)
§ 1612. Merit system principles and civil service protections: applicability
(a) Applicability of Merit System Principles.—
Section 2301 of title 5 shall apply to the exercise of authority under this subchapter (other than sections 1605 and 1611).
(b) Civil Service Protections.—
(1) If, in the case of a position established under authority other than section 1601(a)(1) of this title that is reestablished as an excepted service position under that section, the provisions of law referred to in paragraph (2) applied to the person serving in that position immediately before the position is so reestablished and such provisions of law would not otherwise apply to the person while serving in the position as so reestablished, then such provisions of law shall, subject to paragraph (3), continue to apply to the person with respect to service in that position for as long as the person continues to serve in the position without a break in service.
(2) The provisions of law referred to in paragraph (1) are the following provisions of title 5:
(A) Section 2302, relating to prohibited personnel practices.
(B) Chapter 75, relating to adverse actions.
(3)
(A) Notwithstanding any provision of chapter 75 of title 5, an appeal of an adverse action by an individual employee covered by paragraph (1) shall be determined within the Department of Defense if the employee so elects.
(B) The Secretary of Defense shall prescribe the procedures for initiating and determining appeals of adverse actions pursuant to elections made under subparagraph (A).
(Added Pub. L. 104–201, div. A, title XVI, § 1632(d), Sept. 23, 1996, 110 Stat. 2750.)
heading: Effective Date
text: 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.
10 U.S.C. § 1613 (ARMED FORCES)
§ 1613. Miscellaneous provisions
(a) Collective Bargaining Agreements.—
Nothing in sections 1601 through 1603 and 1606 through 1610 may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an agency or office that is a successor to an agency or office covered by the agreement before the succession.
(b) Notice to Congress of Regulations.—
The Secretary of Defense shall notify Congress of any regulations prescribed to carry out this subchapter (other than sections 1605 and 1611). Such notice shall be provided by submitting a copy of the regulations to the congressional oversight committees not less than 60 days before such regulations take effect.
(Added Pub. L. 104–201, div. A, title XVI, § 1632(d), Sept. 23, 1996, 110 Stat. 2750; amended Pub. L. 105–85, div. A, title X, § 1073(a)(32), Nov. 18, 1997, 111 Stat. 1902.)
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–85 substituted “1603” for “1604”.
heading: Effective Date
text: 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.
10 U.S.C. § 1614 (ARMED FORCES)
§ 1614. Definitions
In this subchapter:
(1) The term “defense intelligence position” means a civilian position as an intelligence officer or intelligence employee of the Department of Defense.
(2) The term “intelligence component of the Department of Defense” means any of the following:
(A) The National Security Agency.
(B) The Defense Intelligence Agency.
(C) The National Geospatial-Intelligence Agency.
(D) Any other component of the Department of Defense that performs intelligence functions and is designated by the Secretary of Defense as an intelligence component of the Department of Defense.
(E) Any successor to a component specified in, or designated pursuant to, this paragraph.
(3) The term “congressional oversight committees” means—
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) The term “excepted service” has the meaning given such term in section 2103 of title 5.
(5) The term “preference eligible” has the meaning given such term in section 2108(3) of title 5.
(6) The term “Senior Executive Service position” has the meaning given such term in section 3132(a)(2) of title 5.
(7) The term “collective bargaining agreement” has the meaning given such term in section 7103(8) of title 5.
(Added Pub. L. 104–201, div. A, title XVI, § 1632(d), Sept. 23, 1996, 110 Stat. 2750; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–319; Pub. L. 108–136, div. A, title IX, § 921(d)(7), Nov. 24, 2003, 117 Stat. 1569.)
heading: Amendments
text: 2003—Par. (2)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
2000—Par. (1). Pub. L. 106–398 substituted “of the Department of Defense” for “of an intelligence component of the Department of Defense or of a military department”.
1999—Par. (3)(B). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.
heading: Effective Date
text: 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.
10 U.S.C. § 1622 (ARMED FORCES)
§ 1622. Uniform allowance: civilian employees
(a) The Secretary of Defense may pay an allowance under this section to any civilian employee of the Defense Intelligence Agency who—
(1) is assigned to a Defense Attaché Office outside the United States; and
(2) is required by regulation to wear a prescribed uniform in performance of official duties.
(b) Notwithstanding section 5901(a) of title 5, the amount of any such allowance shall be the greater of the following:
(1) The amount provided for employees of the Department of State assigned to positions outside the United States and required by regulation to wear a prescribed uniform in performance of official duties.
(2) The maximum allowance provided under section 1593(b) of this title.
(c) An allowance paid under this section shall be treated in the same manner as is provided in subsection (c) of section 5901 of title 5 for an allowance paid under that section.
(Added Pub. L. 100–178, title VI, § 601(a), Dec. 2, 1987, 101 Stat. 1015, § 1606; amended Pub. L. 101–189, div. A, title III, § 336(b), Nov. 29, 1989, 103 Stat. 1419; renumbered § 1622, Pub. L. 104–201, div. A, title XVI, § 1632(a)(2), Sept. 23, 1996, 110 Stat. 2745.)
heading: Prior Provisions
text: A prior section 1622, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698; amended Pub. L. 99–500, § 101(c) [title X, § 933], Oct. 18, 1986, 100 Stat. 1783–82, 1783–161; Pub. L. 99–591, § 101(c) [title X, § 933], Oct. 30, 1986, 100 Stat. 3341–82, 3341–161; Pub. L. 99–661, div. A, title IX, formerly title IV, § 933, Nov. 14, 1986, 100 Stat. 3940, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 101–189, div. A, title VIII, § 853(c)(2), Nov. 29, 1989, 103 Stat. 1518, related to education, training, and experience requirements for persons assigned as program managers of major defense acquisition programs, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(1), Nov. 5, 1990, 104 Stat. 1665, effective Oct. 1, 1991.
heading: Amendments
text: 1996—Pub. L. 104–201 renumbered section 1606 of this title as this section.
1989—Subsec. (b)(2). Pub. L. 101–189 substituted “The maximum allowance provided under section 1593(b) of this title” for “$360 per year”.
heading: Effective Date of 1989 Amendment
text: Amendment by Pub. L. 101–189 effective Jan. 1, 1990, see section 336(c) of Pub. L. 101–189, set out as an Effective Date note under section 1593 of this title.
10 U.S.C. § 1623 (ARMED FORCES)
§ 1623. Financial assistance to certain employees in acquisition of critical skills
(a) The Secretary of Defense shall establish an undergraduate training program with respect to civilian employees of the Defense Intelligence Agency that is similar in purpose, conditions, content, and administration to the program which the Secretary of Defense is authorized to establish under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) 1 for civilian employees of the National Security Agency.
(b) Any payments made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.
(Added Pub. L. 101–193, title V, § 507(a)(1), Nov. 30, 1989, 103 Stat. 1709, § 1608; renumbered § 1623, Pub. L. 104–201, div. A, title XVI, § 1632(a)(2), Sept. 23, 1996, 110 Stat. 2745.)
heading: References in Text
text: Section 16 of the National Security Agency Act of 1959, referred to in subsec. (a), is section 16 of Pub. L. 86–36, as added Pub. L. 99–569, title V, § 505, Oct. 27, 1986, 100 Stat. 3200; amended Pub. L. 111–259, title III, § 312(a)–(d), Oct. 7, 2010, 124 Stat. 2663, 2664, which was set out in a note under section 402 of Title 50, War and National Defense, prior to editorial reclassification to section 3614 of Title 50.
heading: Prior Provisions
text: A prior section 1623, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(10), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(j)(4), Apr. 21, 1987, 101 Stat. 283; Pub. L. 101–189, div. A, title VIII, § 853(c)(3), Nov. 29, 1989, 103 Stat. 1519, related to education, training, and experience requirements for general and flag officers assigned to a procurement command, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(3), Nov. 5, 1990, 104 Stat. 1665, effective Oct. 1, 1992.
A prior section 1624, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698, required a training program for quality assurance personnel, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(4), Nov. 5, 1990, 104 Stat. 1665; Pub. L. 102–190, div. A, title X, § 1061(a)(26)(C)(i), Dec. 5, 1991, 105 Stat. 1474, effective Oct. 1, 1993.
heading: Amendments
text: 1996—Pub. L. 104–201 renumbered section 1608 of this title as this section.
heading: Effective Date
text: Pub. L. 101–193, title V, § 507(b), Nov. 30, 1989, 103 Stat. 1710, provided that: “Section 1608 [now 1623] of title 10, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act [Nov. 30, 1989].”
10 U.S.C. § 1702 (ARMED FORCES)
§ 1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities
Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall carry out all powers, functions, and duties of the Secretary of Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the Department of Defense. The Under Secretary shall prescribe policies and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this title.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1638; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title VIII, § 815, Oct. 17, 1998, 112 Stat. 2088; Pub. L. 107–107, div. A, title X, § 1048(b)(2), (3)(A), Dec. 28, 2001, 115 Stat. 1225.)
heading: Amendments
text: 2001—Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology” in section catchline and in text.
1998—Pub. L. 105–261 inserted at end “The Under Secretary shall prescribe policies and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this title.”
1993—Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition” in section catchline and in text.
heading: Quick-Reaction Special Projects Acquisition Team
text: Pub. L. 107–314, div. A, title VIII, § 807, Dec. 2, 2002, 116 Stat. 2608, provided that:
“(a) Establishment.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics shall establish a team of highly qualified acquisition professionals who shall be available to advise the Under Secretary on actions that can be taken to expedite the acquisition of urgently needed systems.
“(b) Duties.—
The issues on which the team may provide advice shall include the following:
“(1) Industrial base issues, including the limited availability of suppliers.
“(2) Technology development and technology transition issues.
“(3) Issues of acquisition policy, including the length of the acquisition cycle.
“(4) Issues of testing policy and ensuring that weapon systems perform properly in combat situations.
“(5) Issues of procurement policy, including the impact of socio-economic requirements.
“(6) Issues relating to compliance with environmental requirements.”
10 U.S.C. § 1703 (ARMED FORCES)
[§ 1703. Repealed. Pub. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549]
text: Section, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225, related to Director of Acquisition Education, Training, and Career Development.
10 U.S.C. § 1704 (ARMED FORCES)
§ 1704. Service acquisition executives: authorities and responsibilities
Subject to the authority, direction, and control of the Secretary of the military department concerned, the service acquisition executive for each military department shall carry out all powers, functions, and duties of the Secretary concerned with respect to the acquisition workforce within the military department concerned and shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in that department.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639.)