10 U.S.C. § 1607

(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.