---
kind: "section"
citation: "5 U.S.C. § 9904"
title: "5"
title_heading: "Government Organization and Employees"
number: "9904"
heading: "Special pay and benefits for certain employees outside the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/9904"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 99 — Department of Defense Personnel Authorities"
---

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


The [Secretary](/usc/5/9901.md?p=2) may provide to certain civilian [employees](/usc/5/4701.md?p=a-2) of the [Department](/usc/5/10101.md?p=4) of Defense assigned to activities outside the [United States](/usc/5/7103.md?p=a-18) as determined by the [Secretary](/usc/5/9901.md?p=2) to be in support of [Department](/usc/5/10101.md?p=4) of Defense activities abroad hazardous to life or health or so specialized because of security requirements as to be clearly distinguishable from normal [Government](/usc/5/4101.md?p=3) employment—

- (1) allowances and benefits—
  - (A) comparable to those provided by the Secretary of State to [members](/usc/5/8401.md?p=20) of the Foreign [Service](/usc/5/8401.md?p=26) under [chapter 9](/usc/5/chptI/ch9.md) of title I of the Foreign Service Act of 1980 (Public Law 96–465, [22 U.S.C. 4081](/usc/22/4081.md) et seq.) or any other provision of law; or
  - (B) comparable to those provided by the [Director](/usc/5/8401.md?p=8) of Central Intelligence to personnel of the Central Intelligence [Agency](/usc/5/3132.md?p=a-1); and
- (2) special retirement accrual benefits and disability in the same manner provided for by the Central Intelligence [Agency](/usc/5/3132.md?p=a-1) Retirement Act ([50 U.S.C. 2001](/usc/50/2001.md) et seq.) and in section 18 of the Central Intelligence Agency Act of 1949 ([50 U.S.C. 403r](/usc/50/403r.md)).[^1]

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 108–136, div. A, title XI, § 1101(a)(1), Nov. 24, 2003, 117 Stat. 1633.)

## Notes

### 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.