10 U.S.C. § 1602 — Basic pay

Page 1536 TITLE 10—ARMED FORCES § 1602 Editorial Notes PRIOR PROVISIONS A prior section 1601, added Pub. L. 97–89, title VII, § 701(a)(1), Dec. 4, 1981, 95 Stat. 1159; amended Pub. L. 101–194, title V, § 506(c)(3), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 101–280, § 6(d)(4), May 4, 1990, 104 Stat. 161; Pub. L. 101–510, div. A, title XIV, § 1484(l)(5), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103–359, title V, § 501(b)(1)(B), Oct. 14, 1994, 108 Stat. 3428, related to the Defense Intelligence Senior Executive Service, prior to repeal by Pub. L. 104–201, div. A, title XVI, §§ 1632(a)(3), 1635, Sept. 23, 1996, 110 Stat. 2745, 2752, effective Oct. 1, 1996. See section 1606 of this title. Provisions similar to those in this section were con- tained in sections 1590(a) and 1604(a) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a). AMENDMENTS 2000—Subsec. (a)(1). Pub. L. 106–398, in introductory provisions, substituted ‘‘in the Department of Defense’’ for ‘‘in the intelligence components of the Department of Defense and the military departments’’ and ‘‘of the Department’’ for ‘‘of those components and depart- ments’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 1593 of this title. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title XVI, § 1631, Sept. 23, 1996, 110 Stat. 2745, provided that: ‘‘This subtitle [subtitle B (§§ 1631–1635) of title XVI of div. A of Pub. L. 104–201, en- acting this section and sections 1602, 1603, 1606 to 1610, and 1612 to 1614 of this title, amending sections 1593, 1596, 1605, 1611, and 1621 of this title and sections 7103 and 7511 of Title 5, Government Organization and Em- ployees, renumbering sections 1599, 1602, 1606, and 1608 of this title as sections 1611, 1621, 1622, and 1623 of this title, respectively, repealing sections 1590, 1601, 1603, and 1604 of this title and section 833 of Title 50, War and National Defense, enacting provisions set out as a note under section 1593 of this title, and repealing provisions set out as a note under section 402 of Title 50] may be cited as the ‘Department of Defense Civilian Intel- ligence Personnel Policy Act of 1996’.’’ DELEGATION OF AUTHORITY Pub. L. 97–89, title VII, § 701(b), Dec. 4, 1981, 95 Stat. 1160, provided that: ‘‘The authority of the Secretary of Defense under chapter 83 of title 10, United States Code, as added by subsection (a), may be delegated in accordance with section 133(d) [now 113(d)] of title 10, United States Code.’’ PROVISIONS RELATING TO THE DEFENSE CIVILIAN INTELLIGENCE PERSONNEL SYSTEM Pub. L. 111–84, div. A, title XI, § 1114, Oct. 28, 2009, 123 Stat. 2504, provided that: ‘‘(a) SUSPENSION OF CERTAIN PAY AUTHORITY.—Effec- tive with respect to amounts paid during the period be- ginning on the date of the enactment of this Act [Oct. 28, 2009] and ending on December 31, 2010, rates of basic pay for employees and positions within any element of the intelligence community (as defined by the National Security Act of 1947 [50 U.S.C. 3001 et seq.])— ‘‘(1) may not be fixed under the Defense Civilian In- telligence Personnel System; and ‘‘(2) shall instead be fixed in accordance with the provisions of law that (disregarding DCIPS) would then otherwise apply. The preceding sentence shall not apply with respect to the National Geospatial-Intelligence Agency. ‘‘(b) RESPONSE TO GAO REPORT.—Not later than 3 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional oversight committees a written description of any ac- tions taken or proposed to be taken by such Secretary in response to the review and recommendations of the Government Accountability Office regarding the De- fense Civilian Intelligence Personnel System. ‘‘(c) INDEPENDENT ORGANIZATION.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, the Director of the Office of Personnel Man- agement, and the Director of National Intelligence shall jointly designate an independent organization to review the operation of the Defense Civilian Intel- ligence Personnel System, including— ‘‘(A) its impact on career progression; ‘‘(B) its appropriateness or inappropriateness in light of the complexities of the workforce affected; ‘‘(C) its sufficiency in terms of providing protec- tions for diversity in promotion and retention of personnel; and ‘‘(D) the adequacy of the training, policy guide- lines, and other preparations afforded in connection with transitioning to that system. ‘‘(2) DEADLINE.—The independent organization shall, after appropriate consultation with employees and employee organizations, submit its findings and recommendations under this section to the Secretary of Defense and the congressional oversight commit- tees, in a written report, not later than June 1, 2010. ‘‘(d) PROPOSED ACTIONS BASED ON REPORT.—Not later than 60 days after receiving the report of the inde- pendent organization under subsection (c), the Sec- retary of Defense, in coordination with the Director of the Office of Personnel Management and the Director of National Intelligence, shall submit to the congres- sional oversight committees a written report describ- ing any actions that the Secretary has taken or pro- poses to take in response to such report. ‘‘(e) HOLD-HARMLESS PROVISION.—No employee shall suffer any loss of or decrease in pay as a result of being converted from DCIPS in compliance with subsection (a). ‘‘(f) DEFINITIONS.—For purposes of this section— ‘‘(1) the terms ‘Defense Civilian Intelligence Per- sonnel System’ and ‘DCIPS’ mean the civilian per- sonnel system established by the Secretary of De- fense under regulations— ‘‘(A) prescribed pursuant to sections 1601 through 1614 of title 10, United States Code; and ‘‘(B) taking effect in September 2008 or thereafter; and ‘‘(2) the term ‘congressional oversight committees’ means— ‘‘(A) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and ‘‘(B) the Committee on Armed Services and the Select Committee on Intelligence of the Senate.’’ § 1602. Basic pay (a) AUTHORITY TO FIX RATES OF BASIC PAY.— The Secretary of Defense (subject to the provi- sions 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 pay pro- vided for comparable positions in the Depart- ment of Defense and subject to the same limita- tions on maximum rates of pay established for employees of the Department of Defense by law or regulation. (b) PREVAILING RATE SYSTEMS.—The Secretary of Defense may, consistent with section 5341 of title 5, adopt such provisions of that title as pro- vide for prevailing rate systems of basic pay and may apply those provisions to positions for ci- vilian employees in or under which the Depart- ment of Defense may employ individuals de- scribed by section 5342(a)(2)(A) of that title. Page 1537 TITLE 10—ARMED FORCES § 1603 (Added Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 108–375, div. A, title XI, § 1103(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–364, div. A, title X, § 1071(g)(12), Oct. 17, 2006, 120 Stat. 2403.) Editorial Notes PRIOR PROVISIONS A prior section 1602 was renumbered section 1621 of this title. Provisions similar to those in this section were con- tained in sections 1590(b) and (c) and 1604(b)(1) and (c) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a). AMENDMENTS 2006—Subsec. (a). Pub. L. 109–364 made technical cor- rection to directory language of Pub. L. 108–375, § 1103(a)(1). See 2004 Amendment note below. 2004—Subsec. (a). Pub. L. 108–375, § 1103(a)(1), as amended by Pub. L. 109–364, substituted ‘‘in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same lim- itations on maximum rates of pay established for em- ployees of the Department of Defense by law or regula- tion’’ for ‘‘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 du- ties and responsibilities’’. Subsecs. (b), (c). Pub. L. 108–375, § 1103(a)(2), (3), redes- ignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘A rate of basic pay fixed under subsection (a) for a position es- tablished under section 1601 of this title may not (ex- cept as otherwise provided by law) exceed— ‘‘(1) in the case of a Defense Intelligence Senior Ex- ecutive Service position, the maximum rate provided in section 5382 of title 5; ‘‘(2) in the case of an Intelligence Senior Level posi- tion, 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(12) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted. EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 1593 of this 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 posi- tions 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, em- ployees in defense intelligence positions 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 sta- tioned. (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) dif- fer substantially from conditions of environ- ment in the continental United States, and (ii) warrant an allowance as a recruitment incen- tive; or (C) both of the factors specified in subpara- graphs (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. (c) ADDITIONAL ALLOWANCES AND BENEFITS FOR CERTAIN EMPLOYEES OF THE DEFENSE CLANDES- TINE SERVICE.—(1) Beginning on the date on which the Secretary of Defense submits the re- port under paragraph (3)(A), in addition to the authority to provide compensation under sub- section (a), the Secretary may provide a covered employee allowances and benefits under para- graph (1) of section 9904 of title 5 without regard to the limitations in that section— (A) that the employee be assigned to activi- ties outside the United States; or (B) that the activities to which the em- ployee 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 ap- propriate congressional committees a report containing a strategy addressing the mission of the Defense Clandestine Service during the pe- riod covered by the most recent future-years de- fense 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 bene- fits provided under such paragraph compare with the amount of the allowances and bene- fits 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 re- port, with respect to the fiscal year preceding the date on which the report is submitted— (i) identifying the number of covered em- ployees for whom the Secretary provided al- lowances and benefits under paragraph (1); and (ii) evaluating the efficacy of such allow- ances 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—