10 U.S.C. § 1606 — Defense Intelligence Senior Executive Service

(a) Establishment .— The Secretary of Defense may establish a Defense Intelligence Senior Executive Service for defense intelligence positions established under section 1601(a) of this title that are equivalent to Senior Executive Service positions. The number of positions in the Defense Intelligence Senior Executive Service may not exceed 594. (b) Regulations Consistent With Title 5 Provisions .— The Secretary of Defense must prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (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 must be held or decided under those regulations), and subchapter II of chapter 43 of such title. To the extent that the Secretary determines it practicable to apply to members of, or applicants for, the Defense Intelligence Senior Executive Service other provisions of title 5 that apply to members of, or applicants for, the Senior Executive Service, the Secretary must also prescribe regulations to implement those provisions about 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 of Defense, may award a rank referred to in section 4507 of title 5 to members of the Defense Intelligence Senior Executive Service. The award of such rank must be made in a manner consistent with the provisions of that section. (d) Performance Appraisals .— (1) The Defense Intelligence Senior Executive Service must be subject to a performance appraisal system which, as designed and applied, is certified by the Secretary of Defense under section 5307 of title 5 as making meaningful distinctions based on relative performance. (2) The performance appraisal system applicable to the Defense Intelligence Senior Executive Service under paragraph (1) may be the same performance appraisal system that is established and implemented within the Department of Defense for members of the Senior Executive Service.