CHAPTER 83 - DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000501060004-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: March 14, 2013
• Sequence Number: 4
• Content Type: REGULATION

Declassified in Part - Sanitized Copy Approved for Release 2013/03/14 : CIA-RDP90-00530R000501060004-1
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CHAPTER 83?DEFENSE INTELLIGENCE AGENCY
CIVILIAN PERSONNEL
see. see.
1604. Civilian personnel management 1605. Benefits for certain employees of the
Defense Intelligence Agency.
1985 Amendment. Pub-1- 99-145, Tide XIII.
1302(a)(2), Nov. 8, 1985, 99 Stat. 737, added
item 1605, whiCh was formerly set out as item 192
within chapter 8 of this title-
1964 Amendment. Pnb.L. 98-618; Title V,
501(b), Nov. 8, 1984,98 Stat. 3302, added item
1604.
? 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? . I
(I) establish such positions for civilian officers and employees in the Defense
Intelligence Agency 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
pitivided in the General Schedule under section 5332 of title 5 for positions subject to
such Schedule which have corresponding levels of duties and responsibilities. ? Ex-
cept in the case of an officer or employee of the Defense. Intelligence Agency
serving as a member of the Defense Intelligence Senior Executive Service, no Officer
or employee of the Defense Intelligence Agency 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 may employ individuals described by section 5342(aX2XA) of
such title.
?
01) In addition to the basic compensation payable under subsection (b), officers
and employees of the Defense Intelligence Agency 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 Wei 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) bah of the factors described in paragraphs (1) and (2).
(eX1) Notwithstanding any other provision of law, the Secretary of Defense may,
during fiscal years 1986 and 1987, terminate the employment of any civilian officer
or employee of the Defense Intelligence Agency whenever be 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 'employ-
ment 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
t?-? L iii
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10 ? 1604 ARMED FORCES 84
(3) 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. An action to terminate any civilian officer or employee by either 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, and amended Pub.L 99-661.
Title V, ? 502, Oct. 27, 1986, 100 Stat. 3198.)
Legislative History. - For legislative history and
purpose of Pub.L 99-569, see 1986 US. Cede
Cong. and Adm. News, p. 5327.
? 1605. Benefits for certain employees of the Defense Intelligence Agency
(1) The Secretary of Defense may provide to civilian personnel of the Department
.of Defense who are United States nationals, who are assigned to Defense Attach?
Offices an Defense Intelligence Agency Liaison Offices outside the United States,
and who are designated by the Secretary of Defense for the purposes of this
subsection, allowances and benefits comparable to those provided by the Secretary
of State to officers and employees of the Foreign Service under paragraphs (2), (3),
(4), (5), (6), (7), (8), and (13) of section 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- The Secretary may also provide to any such civilian
personnel who are subject to chapter 84 of title 5, special-retirement accrual benefits-
in the 'same manner provided for certain officers and employees- of the Central
Intelligence Agency in section 303 of the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees (50 U.S.C. 403 note).
(b) The authority of the Secretary of Defense to make payments under subsection
(a) is effective for any fiscal year only to the extent that appropriated funds are
available- for such purpose.
(c) Regulations issued pursuant to subsection (a) shall ? be submitted to the
Committee on Armed Services and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on Armed Services and the
Select Committee on Intelligence of the Senate before such regulations take effect
(Added Pub.L. Title V. ? 501(a), Dec. 9, 1983,97 Stat. 1478, ? 192. redesignated ? 1605,
and amended Pub.L 99445, Iltle XIII, ? 1302(aX1). 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, Nov. 27, 1986. 100
Stat. 3198.) ?
References in Text. ? Sections 901(2), (3), (4).
(6), (7). (8).-ind (13), 705, and 903 of the Foreign.
Service Act of 1980 [Pub.L. 96-465), referred to
in subsec. (a),- are set out, respectively, as sections
4081(2), (3), (4), (6). (7). (8), and (13), 4025 and
4083 of Tide 72, Foreign Relations and Inter-.
course. ' ?
Section 303 et the Central Intelligence Agency
Retirement Act ce 1964 for Certain Employees,
referred to in subsec. (a), is section -303 of Pub.L.
38-643, Oct. 13, 1964, 73 Stat. 1043, which is set
out as a note under section 403 of Tide 50. War
and National Defense.? .
1956 Amendment. Subsec. (a), Pth.L 99435
inserted provis' ion- authorizing the Secretary to
provide to any civBian personnel subjec' t to chap-
ter 54 of Title 5 -spxia'l accrual benefits in the
same manner provided for certain officers and?
employees of the Central Intelligence Agency in
section 303 of the Central Intelligence Agency
Retirement Act of 1964 foe Certain Employees.
1985 Amendment. Subsec. (a). Pub.L. 99-145.
? 1302(aXIXA), (D), substituted ", 4025.4083)
and under section 5924(4) Of title 5." for n
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references to the Director of the Defense Intelli-
gence Agency; military personnel, section 2308 of
the Foreign Service Act of 1980, and 22 U.S.0
4025. ?
Subscc. (b), Pub.L. 99-145, ? 1302(aXIXA),
struck out provisions relating to authority of the
Director of the Defense Intelligence Agency.
Subsec. (c), Pub.L. 99-145, ? 1302(2)(1XC),
struck out subsec. (c), relating to issuance of
regulations pursuant to subsec. (a) of this section.
Former subsec. (d) was redesignated (c),
Subsec. (d). Pub.L. 99-145, 1302(aXIXC),
redesignated subsec. (d) as (c),
Effective Date .1 1986 Amendment. Amend-
ment by Pub.L 99-335 effective Jan. 1. 1987. see
section 702(s) of Pub.!. 99-335, set out as a note
under $401.1 Title 5, 'Government Organization
and Employees.
Legislative History. For legislative history and
purpose of Pub.L- 99-145, see 1985 U.S. Code
Cong. and Adm. News. p. 472. See. aIso. Pub.L
99-569, 1986 US. Code Cong. and Adm. News,
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