§528 — Title 10 Armed Forces | U.S. Code

Summary

When a military officer fills certain high-level intelligence jobs, the Secretary of Defense and other Defense Department staff generally cannot supervise or control that officer, except the Secretary can order the officer be reassigned. The officer also may not use their military rank to command Department of Defense military or civilian personnel unless a law allows it. If a military officer is Director or Deputy Director of the CIA, the Associate Director of Military Affairs at the CIA, or holds an agreed position in the Office of the Director of National Intelligence, that job counts as one of the exempt slots for generals and admirals (no more than five such ODNI slots can be exempt at once). Serving in these jobs does not change the officer’s rank or benefits. While on active duty in the job they keep their military pay and allowances and do not receive the civilian pay for the position; the CIA or the Office of the Director of National Intelligence must reimburse the military pay from their funds.

Title 10, §528

Armed Forces — Source: USLM XML via OLRC

(a)An officer of the armed forces, while serving in a position covered by this section—

(1)shall not be subject to supervision or control by the Secretary of Defense or any other officer or employee of the Department of Defense, except as directed by the Secretary of Defense concerning reassignment from such position; and

(2)may not exercise, by reason of the officer’s status as an officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law.

(b)When the position of Director or Deputy Director of the Central Intelligence Agency is held by an officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.

(c)When the position of Associate Director of Military Affairs, Central Intelligence Agency, or any successor position, is held by an officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.

(d)When a position in the Office of the Director of National Intelligence designated by agreement between the Secretary of Defense and the Director of National Intelligence is held by a general officer or flag officer of the armed forces, the position, so long as the officer serves in the position, shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section. However, not more than five of such positions may be included among the excluded positions at any time.

(e)Except as provided in subsection (a), the appointment or assignment of an officer of the armed forces to a position covered by this section shall not affect—

(1)the status, position, rank, or grade of such officer in the armed forces; or

(2)any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.

(f)(1)An officer of the armed forces on active duty who is appointed or assigned to a position covered by this section shall, while serving in such position and while remaining on active duty, continue to receive military pay and allowances and shall not receive the pay prescribed for such position.

(2)Funds from which pay and allowances under paragraph (1) are paid to an officer while so serving shall be reimbursed as follows:

(A)For an officer serving in a position within the Central Intelligence Agency, such reimbursement shall be made from funds available to the Director of the Central Intelligence Agency.

(B)For an officer serving in a position within the Office of the Director of National Intelligence, such reimbursement shall be made from funds available to the Director of National Intelligence.

(g)The positions covered by this section are the positions specified in subsections (b) and (c) and the positions designated under subsection (d).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 528, added Pub. L. 103–337, div. A, title IV, § 405(b)(1), Oct. 5, 1994, 108 Stat. 2744; amended Pub. L. 104–106, div. A, title IV, § 403(b), title XV, § 1503(a)(4), Feb. 10, 1996, 110 Stat. 287, 511; Pub. L. 104–201, div. A, title X, § 1074(a)(3), Sept. 23, 1996, 110 Stat. 2658, which related to limitation on number of officers on active duty in grades of general and admiral, was repealed by Pub. L. 107–107, div. A, title V, § 501(a), Dec. 28, 2001, 115 Stat. 1079.

Amendments

2011—Pub. L. 112–81, § 502(d)(2)(A), substituted “Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances” for “Officers serving in certain intelligence positions: military status; exclusion from distribution and strength limitations; pay and allowances” in section catchline. Subsecs. (b) to (d). Pub. L. 112–81, § 502(d)(1), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which related to Director and Deputy Director of CIA, Associate Director of Military Affairs of CIA, and Officers Serving in the Office of DNI, respectively. 2010—Subsec. (c). Pub. L. 111–259 substituted “Associate Director of Military Affairs, CIA” for “Associate Director of CIA for Military Affairs” in heading and “Associate Director of Military Affairs, Central Intelligence Agency, or any successor position” for “Associate Director of the Central Intelligence Agency for Military Affairs” in text. 2008—Subsec. (c). Pub. L. 110–417 substituted “Military Affairs” for “Military Support” in heading and text. 2006—Pub. L. 109–364, § 501(b)(1), amended section catchline generally, substituting “Officers serving in certain intelligence positions: military status; exclusion from distribution and strength limitations; pay and allowances” for “Exclusion: officers serving in certain intelligence positions”. Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as follows: “(a) When none of the individuals serving in a position specified in subsection (b) is an officer of the armed forces, an officer of the armed forces assigned to the position of Associate Director of Central Intelligence for Military Support, while serving in that position, shall not be counted against the numbers and percentages of officers of the grade of that officer authorized for that officer’s armed force. “(b) The positions referred to in subsection (a) are the following: “(1) Director of Central Intelligence. “(2) Deputy Director of Central Intelligence. “(3) Deputy Director of Central Intelligence for Community Management.” Subsecs. (a), (b). Pub. L. 109–364, § 501(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: “(a) Exclusion of Officer Serving in Certain CIA Positions.—When either of the individuals serving in a position specified in subsection (b) is an officer of the armed forces, one of those officers, while serving in that position, shall be excluded from the limitations in section 525 and 526 of this title. “(b) Covered Positions.—The positions referred to in this subsection are the following: “(1) Director of the Central Intelligence Agency. “(2) Deputy Director of the Central Intelligence Agency.” Subsecs. (e) to (g). Pub. L. 109–364, § 501(a)(2), added subsecs. (e) to (g).

§528 Officers Serving in Certain Intelligence Positions: Military Status; Application of Distribution and Strength Limitations; Pay and Allowances