Title 10Armed ForcesRelease 119-73

§1605 Benefits for certain employees assigned outside the United States

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 83— - CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES › Subchapter SUBCHAPTER I— - DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY › § 1605

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can give certain Department of Defense civilian workers who are assigned outside the United States the same kinds of allowances and benefits the State Department gives its Foreign Service staff. The Secretary can also offer special retirement accruals like those provided for some Central Intelligence Agency employees under the CIA retirement laws. These payments can only be made for a fiscal year when money has been appropriated for them. Any rules the Secretary makes about these benefits cannot take effect until they are sent to four Congressional committees: the Senate Armed Services Committee, the Senate Select Committee on Intelligence, the House Armed Services Committee, and the House Permanent Select Committee on Intelligence. The rule applies to U.S. nationals who are assigned outside the United States to certain Defense Attaché or Defense Intelligence Agency offices and who are designated by the Secretary of Defense.

Full Legal Text

Title 10, §1605

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of Defense may provide to civilian personnel described in subsection (d) 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 section 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.
(2)The Secretary may also provide to any such civilian personnel 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 (50 U.S.C. 2153) and in section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3518).
(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 prescribed under subsection (a) may not take effect until the Secretary of Defense has submitted such regulations to—
(1)the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(2)the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(d)Subsection (a) applies to civilian personnel of the Department of Defense who—
(1)are United States nationals;
(2)in the case of employees of the Defense Intelligence Agency, are assigned to duty outside the United States and, in the case of other employees, are assigned to Defense Attaché Offices or Defense Intelligence Agency Liaison Offices outside the United States; and
(3)are designated by the Secretary of Defense for the purposes of subsection (a).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (a)(2). Pub. L. 113–291 substituted “(50 U.S.C. 3518)” for “(50 U.S.C. 403r)”. 1999—Subsec. (c)(2). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”. 1996—Pub. L. 104–201 substituted “assigned outside the United States” for “of the Defense Intelligence Agency” in section catchline. Subsec. (a). Pub. L. 104–93, § 502(a)(1), designated first sentence of existing text as par. (1) and substituted “described in subsection (d)” for “of the Department of Defense who are United States nationals, who are assigned to Defense Attaché Offices and Defense Intelligence Agency Liaison Offices outside the United States, and who are designated by the Secretary of Defense for the purposes of this subsection,”, and designated second sentence of existing text as par. (2). Subsec. (c). Pub. L. 104–93, § 502(a)(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “

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.” Subsec. (d). Pub. L. 104–93, § 502(a)(3), added subsec. (d). 1993—Subsec. (a). Pub. L. 103–160 substituted “(50 U.S.C. 2153)” for “(50 U.S.C. 403 note)”. 1992—Subsec. (a). Pub. L. 102–496 substituted “the Central Intelligence Agency Retirement Act” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees” and inserted “(50 U.S.C. 403r)” after “the Central Intelligence Agency Act of 1949”. 1989—Subsec. (a). Pub. L. 101–193 struck out “who are subject to chapter 84 of title 5,” after “such civilian personnel” in last sentence and inserted reference to section 18 of the Central Intelligence Agency Act of 1949. 1986—Subsec. (a). Pub. L. 99–569 inserted reference to par. (5) of section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081(5)). Pub. L. 99–335 inserted provision authorizing the Secretary to provide to any civilian personnel 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. 1985—Subsec. (a). Pub. L. 99–145, § 1302(a)(1)(A), (B), struck out references to Director of the Defense Intelligence Agency and to military personnel, substituted “section 705 and 903” for “under section 903, 705, and 2308”, and substituted “(22 U.S.C. 4081(2), (3), (4), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5.” for “(22 U.S.C. 4025; 22 U.S.C. 4081(2), (3), (4), (6), (7), (8), and (13); 22 U.S.C. 4083; 5 U.S.C. 5924(4)).” Subsec. (b). Pub. L. 99–145, § 1302(a)(1)(A), struck out reference to Director of the Defense Intelligence Agency. Subsecs. (c), (d). Pub. L. 99–145, § 1302(a)(1)(C), struck out subsec. (c) which read as follows: “Members of the Armed Forces may not receive benefits under both subsection (a) and title 37, United States Code, for the same purpose. The Secretary of Defense shall prescribe such

Regulations

as may be necessary to carry out this subsection.”, and redesignated former subsec. (d) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as a note under section 1593 of this title.

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of Title 50, War and National Defense.

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an

Effective Date

note under section 8401 of Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1605

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73