10 U.S.C. § 1601

1. (a)The Secretary of Defense may—
   1. (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—
      1. (A)Intelligence Senior Level positions designated under section 1607 of this title; and
      2. (B)positions in the Defense Intelligence Senior Executive Service;
   2. (2)appoint individuals to those positions (after taking into consideration the availability of preference eligibles for appointment to those positions); and
   3. (3)fix the compensation of such individuals for service in those positions.
2. (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.