§ 1603. Additional compensation, incentives, and allowances

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Department of Defense Civilian Intelligence Personnel Policy Act of 1996

   Pub. L. 104–201 div. A title XVI § 1632(a)(3) · 110 Stat. 2422

   Enacted · 10 U.S.C. § 1603

   Added Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746

   Enacted provision · exact public law section
   (3) by striking out the chapter heading, the table of sections, and sections 1601, 1603, and 1604 and inserting in lieu thereof the following: “CHAPTER 83— CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES “Subchapter “I. Defense-Wide Intelligence Personnel Policy “II. Defense Intelligence Agency Personnel “SUBCHAPTER I— DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY “Sec. “1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay. “1602. Basic pay. “1603. Additional compensation, incentives, and allowances. “1605. Benefits for certain employees assigned outside the United States. “1606. Defense Intelligence Senior Executive Service. “1607. Intelligence Senior Level positions. “1608. Time-limited appointments. “1609. Termination of defense intelligence employees. “1610. Reductions and other adjustments in force. “1611. Postemployment assistance: certain terminated intelligence employees. “1612. Merit system principles and civil service protections: applicability. “1613. Miscellaneous provisions. “1614. Definitions. “§ 1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay “(a) General Authority.— The Secretary of Defense may— “(1) establish, as positions in the excepted service, such defense intelligence positions in the intelligence components of the Department of Defense and the military departments as the Secretary determines necessary to carry out the intelligence functions of those components and departments, including— “(A) Intelligence Senior Level positions designated under section 1607 of this title; and “(B) positions in the Defense Intelligence Senior Executive Service; “(2) appoint individuals to those positions (after taking into consideration the availability of preference eligibles for appointment to those positions); and “(3) fix the compensation of such individuals for service in those positions. “(b) Construction With Other Laws.— 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. “§ 1602. Basic pay “(a) Authority To Fix Rates of Basic Pay.— The Secretary of Defense (subject to the provisions of this section) shall fix the rates of basic pay for positions established under section 1601 of this title in relation to the rates of basic pay provided in subpart D of part III of title 5 for positions subject to that subpart which have corresponding levels of duties and responsibilities. “(b) Maximum Rates.— A rate of basic pay fixed under subsection (a) for a position established under section 1601 of this title may not (except as otherwise provided by law) exceed— “(1) in the case of a Defense Intelligence Senior Executive Service position, the maximum rate provided in section 5382 of title 5; “(2) in the case of an Intelligence Senior Level position, the maximum rate provided in section 5382 of title 5; and “(3) in the case of any other position, the maximum rate provided in section 5306(e) of title 5. “(c) Prevailing Rate Systems.— The Secretary of Defense may, consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to positions for civilian employees in or under which the Department of Defense may employ individuals described by section 5342(a)(2)(A) of that title. “§ 1603. Additional compensation, incentives, and allowances “(a) Additional Compensation Based on Title 5 Authorities.— The Secretary of Defense may provide employees in defense intelligence positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5. “(b) Allowances Based on Living Costs and Environment.— (1) In addition to basic pay, employees in defense intelligence posi-tions who are citizens or nationals of the United States and are stationed outside the continental United States or in Alaska may be paid an allowance, in accordance with regulations prescribed by the Secretary of Defense, while they are so stationed. “(2) An allowance under this subsection shall be based on— “(A) living costs substantially higher than in the District of Columbia; “(B) conditions of environment which (i) differ substantially from conditions of environment in the continental United States, and (ii) warrant an allowance as a recruitment incentive; or “(C) both of the factors specified in subparagraphs (A) and (B). “(3) An allowance under this subsection may not exceed the allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute.”.

2. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title XI § 1108 · 133 Stat. 1198

   Added · 10 U.S.C. § 1603(c)

   Pub. L. 116–92 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 116–92 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND BENEFITS FOR CERTAIN DEFENSE CLANDESTINE SERVICE EMPLOYEES.   Section 1603 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Additional Allowances and Benefits for Certain Employees of the Defense Clandestine Service.— (1) Beginning on the date on which the Secretary of Defense submits the report under paragraph (3)(A), in addition to the authority to provide compensation under subsection (a), the Secretary may provide a covered employee allowances and benefits under paragraph (1) of section 9904 of title 5 without regard to the limitations in that section— “(A) that the employee be assigned to activities outside the United States; or “(B) that the activities to which the employee is assigned be in support of Department of Defense activities abroad. “(2) The Secretary may not provide allowances and benefits under paragraph (1) to more than 125 covered employees per year. “(3) (A) The Secretary shall submit to the appropriate congressional committees a report containing a strategy addressing the mission of the Defense Clandestine Service during the period covered by the most recent future-years defense program submitted under section 221 of this title, including— “(i) how such mission will evolve during such period; “(ii) how the authority provided by paragraph (1) will assist the Secretary in carrying out such mission; and “(iii) an implementation plan for carrying out paragraph (1), including a projection of how much the amount of the allowances and benefits provided under such paragraph compare with the amount of the allowances and benefits provided before the date of the report. “(B) Not later than December 31, 2020, and each year thereafter, the Secretary shall submit to the appropriate congressional committees a report, with respect to the fiscal year preceding the date on which the report is submitted— “(i) identifying the number of covered employees for whom the Secretary provided allowances and benefits under paragraph (1); and “(ii) evaluating the efficacy of such allowances and benefits in enabling the execution of the objectives of the Defense Intelligence Agency. “(C) The reports under subparagraphs (A) and (B) may be submitted in classified form. “(4) In this subsection: “(A) The term ‘appropriate congressional committees’ means— “(i) the congressional defense committees; and “(ii) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. “(B) The term ‘covered employee’ means an employee in a defense intelligence position who is assigned to the Defense Clandestine Service at a location in the United States that the Secretary determines has living costs equal to or higher than the District of Columbia.” .

2 of 2 references resolved to an enrolled provision