2020 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 32 - Officer Strength and Distribution in Grade
Sec. 528 - Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances

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

(b) Director and Deputy Director of CIA.—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) Associate Director of Military Affairs, CIA.—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) Officers Serving in Office of DNI.—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) Effect of Appointment.—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—

(f) Military Pay and Allowances.—(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:

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

(Added Pub. L. 108–136, div. A, title V, §507(a), Nov. 24, 2003, 117 Stat. 1458; amended Pub. L. 109–163, div. A, title V, §507(a), Jan. 6, 2006, 119 Stat. 3228; Pub. L. 109–364, div. A, title V, §501(a), (b)(1), Oct. 17, 2006, 120 Stat. 2175, 2176; Pub. L. 110–417, [div. A], title IX, §933, Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–259, title VIII, §803, Oct. 7, 2010, 124 Stat. 2746; Pub. L. 112–81, div. A, title V, §502(d)(1), (2)(A), Dec. 31, 2011, 125 Stat. 1387, 1388.)

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.

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:

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 sections 525 and 526 of this title.

"(b) Covered Positions.—The positions referred to in this subsection are the following:

Subsecs. (e) to (g). Pub. L. 109–364, §501(a)(2), added subsecs. (e) to (g).