---
kind: "range"
citation: "10 U.S.C. §§ 1601–1603"
title: "10"
from: "1601"
to: "1603"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/10/1601..1603"
---

# §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](/usc/10/1614.md?p=4), such [defense intelligence positions](/usc/10/1614.md?p=1) in the [Department](/usc/10/101.md?p=a-6) of Defense as the Secretary determines necessary to carry out the intelligence functions of the [Department](/usc/10/101.md?p=a-6), including—
    - (A) Intelligence Senior Level positions designated under [section 1607 of this title](/usc/10/1607.md); 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](/usc/10/1614.md?p=5) 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)](#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](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) for positions established under [section 1601 of this title](/usc/10/1601.md) in relation to the [rates](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) provided for comparable positions in the [Department](/usc/10/101.md?p=a-6) of Defense and subject to the same limitations on maximum [rates](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) established for employees of the [Department](/usc/10/101.md?p=a-6) of Defense by law or regulation.
- (b) **Prevailing Rate Systems.—** The Secretary of Defense may, consistent with [section 5341 of title 5](/usc/5/5341.md), adopt such provisions of that title as provide for prevailing [rate](/usc/10/101.md?p=b-9) systems of basic [pay](/usc/10/101.md?p=a-15) and may apply those provisions to positions for civilian employees in or under which the [Department](/usc/10/101.md?p=a-6) of Defense may employ individuals described by [section 5342(a)(2)(A)](/usc/5/5342.md?p=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](/usc/10/1614.md?p=1) compensation (in addition to basic [pay](/usc/10/101.md?p=a-15)), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by [title 5](/usc/5.md).
- (b) **Allowances Based on Living Costs and Environment.—**
  - (1) In addition to basic [pay](/usc/10/101.md?p=a-15), employees in [defense intelligence positions](/usc/10/1614.md?p=1) who are citizens or nationals of the [United States](/usc/10/101.md?p=a-1) and are stationed outside the continental [United States](/usc/10/101.md?p=a-1) 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](/usc/10/101.md?p=a-1), and (ii) warrant an allowance as a recruitment incentive; or
    - (C) both of the factors specified in subparagraphs [(A)](#b-2-A) and [(B)](#b-2-B).
  - (3) An allowance under this subsection may not exceed the allowance authorized to be paid by [section 5941(a) of title 5](/usc/5/5941.md?p=a) for employees whose [rates](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) are fixed by statute.
- (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)](#c-3-A), in addition to the authority to provide compensation under [subsection (a)](#a), the Secretary may provide a [covered employee](#c-4-B) allowances and benefits under paragraph (1) of [section 9904 of title 5](/usc/5/9904.md) without regard to the limitations in that section—
    - (A) that the employee be assigned to activities outside the [United States](/usc/10/101.md?p=a-1); or
    - (B) that the activities to which the employee is assigned be in support of [Department](/usc/10/101.md?p=a-6) of Defense activities abroad.
  - (2) The Secretary may not provide allowances and benefits under [paragraph (1)](#c-1) to more than 125 [covered employees](#c-4-B) per year.
  - (3)
    - (A) The Secretary shall submit to the [appropriate congressional committees](#c-4-A) 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](/usc/10/8669b.md?p=d-2) submitted under [section 221 of this title](/usc/10/221.md), including—
      - (i) how such mission will evolve during such period;
      - (ii) how the authority provided by [paragraph (1)](#c-1) will assist the Secretary in carrying out such mission; and
      - (iii) an implementation plan for carrying out [paragraph (1)](#c-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](#c-4-A) a report, with respect to the fiscal year preceding the date on which the report is submitted—
      - (i) identifying the number of [covered employees](#c-4-B) for whom the Secretary provided allowances and benefits under [paragraph (1)](#c-1); and
      - (ii) evaluating the efficacy of such allowances and benefits in enabling the execution of the objectives of the Defense Intelligence [Agency](/usc/10/4701.md?p=g-1).
    - (C) The reports under subparagraphs [(A)](#c-3-A) and [(B)](#c-3-B) may be submitted in classified form.
  - (4) In this subsection:
    - (A) The term “appropriate congressional committees” means—
      - (i) the [congressional defense committees](/usc/10/101.md?p=a-16); 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](/usc/10/1614.md?p=1) who is assigned to the Defense Clandestine Service at a location in the [United States](/usc/10/101.md?p=a-1) that the Secretary determines has living costs equal to or higher than the District of Columbia.