---
kind: "section"
citation: "10 U.S.C. § 1606"
title: "10"
title_heading: "Armed Forces"
number: "1606"
heading: "Defense Intelligence Senior Executive Service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1606"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 83 — Civilian Defense Intelligence Employees"
  - "Subchapter I — Defense-Wide Intelligence Personnel Policy"
---

# §1606. Defense Intelligence Senior Executive Service

- (a) **Establishment.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may establish a Defense Intelligence Senior Executive Service for [defense intelligence positions](/usc/10/1614.md?p=1) established pursuant to [section 1601(a) of this title](/usc/10/1601.md?p=a) that are equivalent to [Senior Executive Service positions](/usc/10/1614.md?p=6). The number of positions in the Defense Intelligence Senior Executive Service may not exceed 594.
- (b) **Regulations Consistent With Title 5 Provisions.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the requirements set forth in sections [3131](/usc/5/3131.md), [3132(a)(2)](/usc/5/3132.md?p=a-2), [3396(c)](/usc/5/3396.md?p=c), [3592](/usc/5/3592.md), [3595(a)](/usc/5/3595.md?p=a), [5384](/usc/5/5384.md), and [6304](/usc/5/6304.md) of title 5, subsections [(a)](/usc/10/7543.md?p=a), [(b)](/usc/10/7543.md?p=b), and [(c)](/usc/10/7543.md?p=c) of section 7543 of such title (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to those regulations), and subchapter II of [chapter 43](/usc/10/chstA/ptII/ch43.md) of such title. To the extent that the [Secretary](/usc/10/4951.md?p=3) determines it practicable to apply to members of, or applicants for, the Defense Intelligence Senior Executive Service other provisions of [title 5](/usc/5.md) that apply to members of, or applicants for, the Senior Executive Service, the [Secretary](/usc/10/4951.md?p=3) shall also prescribe regulations to implement those provisions with respect to the Defense Intelligence Senior Executive Service.
- (c) **Award of Rank to Members of the Defense Intelligence Senior Executive Service.—** The President, based on the recommendations of the [Secretary](/usc/10/4951.md?p=3) of Defense, may award a [rank](/usc/10/101.md?p=b-8) referred to in [section 4507 of title 5](/usc/5/4507.md) to members of the Defense Intelligence Senior Executive Service. The award of such [rank](/usc/10/101.md?p=b-8) shall be made in a manner consistent with the provisions of that section.
- (d) **Performance Appraisals.—**
  - (1) The Defense Intelligence Senior Executive Service shall be subject to a performance appraisal system which, as designed and applied, is certified by the [Secretary](/usc/10/4951.md?p=3) of Defense under [section 5307 of title 5](/usc/5/5307.md) as making meaningful distinctions based on relative performance.
  - (2) The performance appraisal system applicable to the Defense Intelligence Senior Executive Service under [paragraph (1)](#d-1) may be the same performance appraisal system that is established and implemented within the [Department](/usc/10/101.md?p=a-6) of Defense for members of the Senior Executive Service.

## Source credit

(Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2747; amended Pub. L. 106–398, § 1 [[div. A], title XI, § 1142], Oct. 30, 2000, 114 Stat. 1654, 1654A–319; Pub. L. 107–107, div. A, title XI, § 1121, Dec. 28, 2001, 115 Stat. 1242; Pub. L. 108–375, div. A, title XI, § 1103(b), Oct. 28, 2004, 118 Stat. 2073; Pub. L. 109–163, div. A, title XI, § 1125, Jan. 6, 2006, 119 Stat. 3454.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1606 was renumbered section 1622 of this title.

Provisions similar to those in this section were contained in sections 1590(f), (g) and 1601(a)–(c) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a).

### Amendments

2006—Subsec. (a). Pub. L. 109–163 substituted “594” for “544”.

2004—Subsec. (d). Pub. L. 108–375 added subsec. (d).

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 Amendment note under section 1593 of this title.