---
kind: "section"
citation: "10 U.S.C. § 528"
title: "10"
title_heading: "Armed Forces"
number: "528"
heading: "Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/528"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 32 — Officer Strength and Distribution in Grade"
---

# §528. Officers serving in certain intelligence positions: military status; application of distribution and strength limitations; pay and allowances

- (a) **Military Status.—** An [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4), while serving in a position covered by this section—
  - (1) shall not be subject to supervision or control by the [Secretary](/usc/10/4951.md?p=3) of Defense or any other [officer](/usc/10/101.md?p=b-1) or employee of the [Department](/usc/10/101.md?p=a-6) of Defense, except as directed by the [Secretary](/usc/10/4951.md?p=3) of Defense concerning reassignment from such position; and
  - (2) may not exercise, by reason of the [officer](/usc/10/101.md?p=b-1)’s status as an [officer](/usc/10/101.md?p=b-1), any supervision or control with respect to any of the [military](/usc/10/801.md?p=8) or civilian personnel of the [Department](/usc/10/101.md?p=a-6) of Defense except as otherwise authorized by law.
- (b) **Director and Deputy Director of CIA.—** When the position of Director or Deputy Director of the Central Intelligence [Agency](/usc/10/3451.md?p=3) is held by an [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4), the position, so long as the [officer](/usc/10/101.md?p=b-1) serves in the position, shall be designated, pursuant to subsection (b) of [section 526 of this title](/usc/10/526.md), as one of the [general officer](/usc/10/101.md?p=b-4) and [flag officer](/usc/10/101.md?p=b-5) positions to be excluded from the limitations in [subsection (a)](/usc/10/526.md?p=a) of such section.
- (c) **Associate Director of Military Affairs, CIA.—** When the position of Associate Director of [Military](/usc/10/801.md?p=8) Affairs, Central Intelligence [Agency](/usc/10/3451.md?p=3), or any successor position, is held by an [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4), the position, so long as the [officer](/usc/10/101.md?p=b-1) serves in the position, shall be designated, pursuant to subsection (b) of [section 526 of this title](/usc/10/526.md), as one of the [general officer](/usc/10/101.md?p=b-4) and [flag officer](/usc/10/101.md?p=b-5) positions to be excluded from the limitations in [subsection (a)](/usc/10/526.md?p=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](/usc/10/4951.md?p=3) of Defense and the Director of National Intelligence is held by a [general officer](/usc/10/101.md?p=b-4) or [flag officer](/usc/10/101.md?p=b-5) of the [armed forces](/usc/10/101.md?p=a-4), the position, so long as the [officer](/usc/10/101.md?p=b-1) serves in the position, shall be designated, pursuant to subsection (b) of [section 526 of this title](/usc/10/526.md), as one of the [general officer](/usc/10/101.md?p=b-4) and [flag officer](/usc/10/101.md?p=b-5) positions to be excluded from the limitations in [subsection (a)](/usc/10/526.md?p=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)](#a), the appointment or assignment of an [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4) to a position covered by this section shall not affect—
  - (1) the status, position, [rank](/usc/10/101.md?p=b-8), or [grade](/usc/10/101.md?p=b-7) of such [officer](/usc/10/101.md?p=b-1) in the [armed forces](/usc/10/101.md?p=a-4); or
  - (2) any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, [rank](/usc/10/101.md?p=b-8), or [grade](/usc/10/101.md?p=b-7).
- (f) **Military Pay and Allowances.—**
  - (1) An [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4) on [active duty](/usc/10/101.md?p=d-1) who is appointed or assigned to a position covered by this section shall, while serving in such position and while remaining on [active duty](/usc/10/101.md?p=d-1), continue to receive [military](/usc/10/801.md?p=8) [pay](/usc/10/101.md?p=a-15) and allowances and shall not receive the [pay](/usc/10/101.md?p=a-15) prescribed for such position.
  - (2) Funds from which [pay](/usc/10/101.md?p=a-15) and allowances under [paragraph (1)](#f-1) are paid to an [officer](/usc/10/101.md?p=b-1) while so serving shall be reimbursed as follows:
    - (A) For an [officer](/usc/10/101.md?p=b-1) serving in a position within the Central Intelligence [Agency](/usc/10/3451.md?p=3), such reimbursement shall be made from funds available to the Director of the Central Intelligence [Agency](/usc/10/3451.md?p=3).
    - (B) For an [officer](/usc/10/101.md?p=b-1) 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) **Covered Positions.—** The positions covered by this section are the positions specified in subsections [(b)](#b) and [(c)](#c) and the positions designated under [subsection (d)](#d).

## Source credit

(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.)

## Notes

### 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 sections 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).