Title 10 — Armed ForcesRelease 119-73

§1587a Employees of nonappropriated fund instrumentalities: senior executive pay levels

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 81— - CIVILIAN EMPLOYEES › § 1587a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can set limits on the total pay for senior executives who work for nonappropriated-fund organizations under DoD or a military department. The rule must aim to make their total pay match the pay of Department of Defense Senior Executive Service members or other top DoD executives. The Secretary must write down how to compare pay, follow certain federal comparison rules, and may act even if another federal pay rule would otherwise apply. "Compensation" includes basic pay rate. "Senior Executive Service position" means the federal SES as defined in law.

Full Legal Text

Title 10, §1587a

Armed Forces — Source: USLM XML via OLRC

(a)To achieve the objective stated in subsection (b), the Secretary of Defense may regulate the amount of total compensation that is provided for senior executives of nonappropriated fund instrumentalities who, for the fixing of pay by administrative action, are under the jurisdiction of the Secretary of Defense or the Secretary of a military department.

(b)The objective of an action taken with respect to the compensation of senior executives under subsection (a) is to provide for parity between the total compensation provided for such senior executives and total compensation that is provided for Department of Defense employees in Senior Executive Service positions or other senior executive positions.

(c)Subject to subsection (d), the Secretary of Defense shall prescribe the standards of comparison that are to apply in the making of the determinations necessary to achieve the objective stated in subsection (b).

(d)The Secretary of Defense shall apply subsections (a) and (b) of section 5382 of title 5 in the regulation of compensation under this section.

(e)The Secretary of Defense may exercise the authority provided in subsection (a) without regard to section 5373 of title 5.

(f)In this section:

(1)The term “compensation” includes rate of basic pay.

(2)The term “Senior Executive Service position” has the meaning given such term in section 3132 of title 5.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1587a

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73