§9904 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Secretary of Defense can give extra pay and benefits to certain DoD civilian employees who work outside the United States. These are workers the Secretary says are supporting DoD work abroad and whose jobs are either dangerous to life or health or very special because of security needs. They can get allowances and benefits like those given to the Foreign Service or to CIA staff. They can also get special retirement accrual and disability benefits like those in the Central Intelligence Agency Retirement Act and section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 2001 et seq.; 50 U.S.C. 403r).

Title 5, §9904

Government Organization and Employees — Source: USLM XML via OLRC

The Secretary may provide to certain civilian employees of the Department of Defense assigned to activities outside the United States as determined by the Secretary to be in support of Department of Defense activities abroad hazardous to life or health or so specialized because of security requirements as to be clearly distinguishable from normal Government employment—

(1)allowances and benefits—

(A)comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (Public Law 96–465, 22 U.S.C. 4081 et seq.) or any other provision of law; or

(B)comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; and

(2)special retirement accrual benefits and disability in the same manner provided for by the Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) and in section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403r).11 See References in Text note below.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Service Act of 1980, referred to in par. (1)(A), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chapter 9 of title I of the Act is classified generally to subchapter IX (§ 4081 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 3901 of Title 22 and Tables. The Central Intelligence Agency Act of 1949, referred to in par. (2), is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified generally to chapter 46 (§ 3501 et seq.) of Title 50. section 18 of the Act is now classified to section 3518 of Title 50. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

§9904 Special pay and benefits for certain employees outside the United States