§1604. Civilian personnel management

(a) The Secretary of Defense may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees-

(1) establish such positions for civilian officers and employees in the Defense Intelligence Agency and the Central Imagery Office, as may be necessary to carry out the functions of such Agency;

(2) appoint individuals to such positions; and

(3) fix the compensation of such individuals for service in such positions.

(b) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in relation to the rates of basic pay provided in the General Schedule under section 5332 of title 5 for positions subject to such Schedule which have corresponding levels of duties and responsibilities. Except in the case of an officer or employee of the Defense Intelligence Agency or the Central Imagery Office serving as a member of the Defense Intelligence Senior Executive Service, no officer or employee of the Defense Intelligence Agency or the Central Imagery Office may be paid basic compensation at a rate in excess of the highest rate of basic pay contained in such General Schedule.

(c) The Secretary of Defense is authorized, consistent with section 5341 of title 5, to adopt such provisions of such title as provide for prevailing rate systems of basic pay and to apply such provisions to positions in or under which the Defense Intelligence Agency or the Central Imagery Office may employ individuals described by section 5342(a)(2)(A) of such title.

(d) In addition to the basic compensation payable under subsection (b), officers and employees of the Defense Intelligence Agency and the Central Imagery Office who are citizens or nationals of the United States and who are stationed outside the continental United States or in Alaska may be paid compensation, in accordance with regulations prescribed by the Secretary of Defense, not in excess of an allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. Such allowances shall be based on-

(1) living costs substantially higher than in the District of Columbia;

(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or

(3) both of the factors described in paragraphs (1) and (2).

(e)(1) Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any civilian officer or employee of the Defense Intelligence Agency or the Central Imagery Office whenever he considers that action to be in the interests of the United States and he determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such officer or employee cannot be invoked in a manner consistent with the national security. The decisions of the Secretary under this paragraph are final and may not be appealed or reviewed outside the Department of Defense. The Secretary of Defense shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever this termination authority is exercised.

(2) Any termination of employment under this subsection shall not affect the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the Director of the Office of Personnel Management.

(3) The Secretary of Defense may delegate authority under this subsection only to the Deputy Secretary of Defense, the Director of the Defense Intelligence Agency, the Director of the Central Imagery Office, or all three. An action to terminate any civilian officer or employee by any such officer shall be appealable to the Secretary of Defense.

(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.)

Amendments

1994-Subsec. (a)(1). Pub. L. 103–359, §501(b)(1)(D)(i), inserted "and the Central Imagery Office" after "Defense Intelligence Agency".

Subsec. (b). Pub. L. 103–359, §501(b)(1)(D)(ii), inserted "or the Central Imagery Office" after "Defense Intelligence Agency" in two places.

Subsec. (c). Pub. L. 103–359, §501(b)(1)(D)(iii), inserted "or the Central Imagery Office" after "Defense Intelligence Agency".

Subsec. (d). Pub. L. 103–359, §501(b)(1)(D)(iv), inserted "and the Central Imagery Office" after "Defense Intelligence Agency" in introductory provisions.

Subsec. (e)(1). Pub. L. 103–359, §501(b)(1)(D)(v), inserted "or the Central Imagery Office" after "Defense Intelligence Agency".

Subsec. (e)(3). Pub. L. 103–359, §501(b)(1)(D)(vi), amended first sentence generally and substituted "any such officer" for "either such officer" in second sentence. Prior to amendment, first sentence read as follows: "The Secretary of Defense may delegate authority under this subsection only to the Deputy Secretary of Defense or the Director of the Defense Intelligence Agency or both."

Subsec. (e)(4). Pub. L. 103–359, §806(b)(1), struck out par. (4) which related to postemployment assistance for certain terminated Defense Intelligence Agency Employees where Secretary determined such assistance essential to maintain judgment and emotional stability of such employee and avoid circumstances that might lead to unlawful disclosure of classified information to which employee had access. See section 1599 of this title.

1992-Subsec. (e)(4). Pub. L. 102–496 added par. (4).

1989-Subsec. (e)(1). Pub. L. 101–193 struck out ", during fiscal years 1988 and 1989," after "Secretary of Defense may".

1987-Subsec. (e)(1). Pub. L. 100–178 substituted "1988 and 1989" for "1986 and 1987".

1986-Subsec. (e)(1). Pub. L. 99–569 substituted "1986 and 1987" for "1985 and 1986".

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

First Annual Report

Section 401(b) of Pub. L. 102–496 directed that the first report under 10 U.S.C. 1604(e)(4) be submitted not later than 12 months after Oct. 24, 1992.

Section Referred to in Other Sections

This section is referred to in section 1596 of this title.