10 U.S.C. § 1603 — Additional compensation, incentives, and

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— Page 1538 TITLE 10—ARMED FORCES [§ 1604 (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 Colum- bia. (Added Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 116–92, div. A, title XI, § 1108, Dec. 20, 2019, 133 Stat. 1597.) Editorial Notes PRIOR PROVISIONS A prior section 1603, added Pub. L. 97–89, title VII, § 701(a)(1), Dec. 4, 1981, 95 Stat. 1160; amended Pub. L. 99–145, title XIII, § 1302(a)(3), Nov. 8, 1985, 99 Stat. 738; Pub. L. 99–661, div. A, title XIII, § 1343(a)(9), Nov. 14, 1986, 100 Stat. 3992, related to limits on pay to members of 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, effec- tive Oct. 1, 1996. Provisions similar to those in this section were con- tained in sections 1590(d) and 1604(b)(2), (d) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a). AMENDMENTS 2019—Subsec. (c). Pub. L. 116–92 added subsec. (c). 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. [§ 1604. Repealed. Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2745] Section, added Pub. L. 98–618, title V, § 501(a), Nov. 8, 1984, 98 Stat. 3301; amended Pub. L. 99–569, title V, § 502, Oct. 27, 1986, 100 Stat. 3198; Pub. L. 100–178, title VI, § 602(a), Dec. 2, 1987, 101 Stat. 1015; Pub. L. 101–193, title V, § 503(b), Nov. 30, 1989, 103 Stat. 1708; Pub. L. 102–496, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3183; Pub. L. 103–359, title V, § 501(b)(1)(D), title VIII, § 806(b)(1), Oct. 14, 1994, 108 Stat. 3428, 3442; Pub. L. 104–93, title V, § 501, Jan. 6, 1996, 109 Stat. 970, related to civilian personnel management. See sections 1601 to 1603, 1607, and 1609 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 1605. Benefits for certain employees assigned outside the United States (a)(1) The Secretary of Defense may provide to civilian personnel described in subsection (d) al- lowances and benefits comparable to those pro- vided by the Secretary of State to officers and employees of the Foreign Service under para- graphs (2), (3), (4), (5), (6), (7), (8), and (13) of sec- tion 901 and sections 705 and 903 of the Foreign Service Act of 1980 (22 U.S.C. 4081(2), (3), (4), (5), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5. (2) The Secretary may also provide to any such civilian personnel special retirement ac- crual benefits in the same manner provided for certain officers and employees of the Central In- telligence Agency in section 303 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2153) and in section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3518). (b) The authority of the Secretary of Defense to make payments under subsection (a) is effec- tive for any fiscal year only to the extent that appropriated funds are available for such pur- pose. (c) Regulations prescribed under subsection (a) may not take effect until the Secretary of De- fense has submitted such regulations to— (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intel- ligence of the House of Representatives. (d) Subsection (a) applies to civilian personnel of the Department of Defense who— (1) are United States nationals; (2) in the case of employees of the Defense Intelligence Agency, are assigned to duty out- side the United States and, in the case of other employees, are assigned to Defense Attache´ Offices or Defense Intelligence Agency Liaison Offices outside the United States; and (3) are designated by the Secretary of De- fense for the purposes of subsection (a). (Added Pub. L. 98–215, title V, § 501(a), Dec. 9, 1983, 97 Stat. 1478, § 192; renumbered § 1605 and amended Pub. L. 99–145, title XIII, § 1302(a)(1), Nov. 8, 1985, 99 Stat. 737; Pub. L. 99–335, title V, § 507(b), June 6, 1986, 100 Stat. 628; Pub. L. 99–569, title V, § 501, Oct. 27, 1986, 100 Stat. 3198; Pub. L. 101–193, title V, § 505(a), Nov. 30, 1989, 103 Stat. 1709; Pub. L. 102–496, title VIII, § 803(d), Oct. 24, 1992, 106 Stat. 3253; Pub. L. 103–160, div. A, title XI, § 1182(a)(3), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 104–93, title V, § 502(a), Jan. 6, 1996, 109 Stat. 972; Pub. L. 104–201, div. A, title XVI, § 1633(c)(1), Sept. 23, 1996, 110 Stat. 2751; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 113–291, div. A, title X, § 1071(c)(11), Dec. 19, 2014, 128 Stat. 3509.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3518)’’ for ‘‘(50 U.S.C. 403r)’’. 1999—Subsec. (c)(2). Pub. L. 106–65 substituted ‘‘Com- mittee on Armed Services’’ for ‘‘Committee on Na- tional Security’’. 1996—Pub. L. 104–201 substituted ‘‘assigned outside the United States’’ for ‘‘of the Defense Intelligence Agency’’ in section catchline. Subsec. (a). Pub. L. 104–93, § 502(a)(1), designated first sentence of existing text as par. (1) and substituted ‘‘described in subsection (d)’’ for ‘‘of the Department of Defense who are United States nationals, who are as- signed to Defense Attache´ Offices and Defense Intel- ligence Agency Liaison Offices outside the United