10 U.S.C. § 528 — Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances

(a) Military Status. An armed-forces officer serving in a position covered by this section is not subject to supervision or control by the Defense Secretary or another Defense Department officer or employee, except when the Defense Secretary directs reassignment from the position. Because of the officer’s status as an officer, the officer may not supervise or control Defense Department military or civilian personnel unless another law authorizes it. (b) Director and Deputy Director of CIA. If an armed-forces officer holds the CIA Director or Deputy Director position, that position must, while the officer serves, be designated under section 526(b) as a general-officer or flag-officer position excluded from section 526(a)’s limits. (c) Associate Director of Military Affairs, CIA. The same rule applies if an armed-forces officer holds the CIA Associate Director of Military Affairs position or a successor position. (d) Officers Serving in Office of DNI. If a general or flag officer holds a position in the Office of the Director of National Intelligence that the Defense Secretary and DNI Director designate by agreement, that position must, while the officer serves, be designated under section 526(b) as excluded from section 526(a)’s limits. No more than five such positions may be included among the excluded positions at one time. (e) Effect of Appointment. Except as subsection (a) provides, appointing or assigning an armed-forces officer to a covered position does not affect (1) the officer’s military status, position, rank, or grade, or (2) any pay-related benefit, privilege, right, or other benefit connected with that status, position, rank, or grade. (f) Military Pay and Allowances. (1) An active-duty officer appointed or assigned to a covered position continues, while serving there and remaining on active duty, to receive military pay and allowances and does not receive the pay set for the covered position. (2) The funds paying that military pay and allowances must be reimbursed from CIA Director funds for an officer serving in a CIA position, and from DNI Director funds for an officer serving in an Office of the DNI position. (g) Covered Positions. Covered positions are the positions in subsections (b) and (c) and the positions designated under subsection (d).