Title 5, Government Organization and EmployeesRelease 119-110

§9904 Special Pay and Benefits for Certain Employees Outside the United States

Title 5 › PART III — EMPLOYEES › Subpart I — Miscellaneous › CHAPTER 99 — DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES › § 9904

Last updated Sep 23, 2026|Official source

Summary

The Secretary can give certain civilian Defense employees working overseas on missions the Secretary finds dangerous or unusually specialized for security reasons extra pay and benefits. These may match what the State Department gives Foreign Service members or what the CIA gives its staff. The Secretary can also provide special retirement credit and disability benefits like those under the CIA Retirement Act.

Full Legal Text

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).

Legislative History

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9904

Title 5, Government Organization and Employees

Last Updated

Sep 23, 2026

Release point: 119-110