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5 U.S.C. § 9904 — Special pay and benefits for certain employees outside the United States
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4081&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2001&num=0&edition=prelim) et seq.) and in section 18 of the Central Intelligence Agency Act of 1949 ([50 U.S.C. 403r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section403r&num=0&edition=prelim)).11 See References in Text note below.
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Source file: Laws/federal/codes/united-states-code/title-5/section-9904-special-pay-and-benefits-for-certain-employees-outside-the-united-states--24e0fc3f98.md
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Source location: Title 5, Chapter 99, § 9904; chapter-099-department-of-defense-personnel-authorities.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4081&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2001&num=0&edition=prelim) et seq.) and in section 18 of the Central Intelligence Agency Act of 1949 ([50 U.S.C. 403r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section403r&num=0&edition=prelim)).11 See References in Text note below.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit principles.
**(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by—
(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 403p, comprising section 16 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as [section 3516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3516&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 403r
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers and employees to whom rules apply** Notwithstanding any provision of chapter 83 of title 5, the annuity under subchapter III of such chapter of an officer or employee of the Central Intelligence Agency who retires on or after October 1, 1989, is not designated under [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim), and has served abroad as an officer or employee of the Agency on or after January 1, 1987, shall be computed as provided in subsection (b).
**(b) Computation rules**
(1) The portion of the annuity relating to such service abroad that is actually performed at any time during the officer’s or employee’s first ten years of total service shall be computed at the rate and using the percent of average pay specified in [section 8339(a)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339/a/3&num=0&edition=prelim) that is normally applicable only to so much of an employee’s total service as exceeds ten years.
(2) The portion of the annuity relating to service abroad as described in subsection (a) but that is actually performed at any time after the officer’s or employee’s first ten years of total service shall be computed as provided in [section 8339(a)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339/a/3&num=0&edition=prelim); but, in addition, the officer or employee shall be deemed for annuity computation purposes to have actually performed an equivalent period of service abroad during his or her first ten years of total service, and in calculating the portion of the officer’s or employee’s annuity for his or her first ten years of total service, the computation rate and percent
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3518
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter:
(1) **Agency** — The term “Agency” means the Central Intelligence Agency.
(2) **Director** — The term “Director” means the Director of the Central Intelligence Agency.
(3) **Qualifying service** — The term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim).
(4) **Fund balance** — The term “fund balance” means the sum of—
(A) the investments of the fund calculated at par value; and
(B) the cash balance of the fund on the books of the Treasury.
(5) **Unfunded liability** — The term “unfunded liability” means the estimated amount by which—
(A) the present value of all benefits payable from the fund exceeds
(B) the sum of—
(i) the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants;
(ii) the present value of Government payments to the fund under sections 2091(c) and 2091(d) of this title; and
(iii) the fund balance as of the date on which the unfunded liability is determined.
(6) **Normal cost** — The term “normal cost” means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service.
(7) **Lump-sum credit** — The term “lump-sum credit” means the unrefunded amount consisti
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
(2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
(3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may pay the travel and related expenses of members of the Service and their families, including costs or expenses incurred for—
(1) proceeding to and returning from assigned posts of duty;
(2) authorized or required home leave;
(3) family members to accompany, precede, or follow a member of the Service to a place of temporary duty;
(4) representational travel within the country to which the member of the Service is assigned or, when not more than one family member participates, outside such country;
(5) obtaining necessary medical care for an illness, injury, or medical condition while abroad in a locality where there is no suitable person or facility to provide such care (without regard to those laws and regulations limiting or restricting the furnishing or payment of transportation and traveling expenses), as well as expenses for—
(A) an attendant or attendants for a member of the Service or a family member who is too ill to travel unattended or for a family member who is too young to travel alone, and
(B) a family member incapable of caring for himself or herself if he or she remained at the post at which the member of the Service is serving;
(6) rest and recuperation travel of members of the Service who are United States citizens, and members of their families, while serving at locations abroad specifically designated by the Secretary for purposes of this paragraph, to—
(A) other locations abroad having different social, climatic, or other environmental conditions than those at the post at which the member of the Service is serving, or
(B) locations in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Isl
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4081
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional Compensation Based on Title 5 Authorities.—** The Secretary of Defense may provide employees in defense intelligence positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5.
**(b) Allowances Based on Living Costs and Environment.—**
(1) In addition to basic pay, employees in defense intelligence positions who are citizens or nationals of the United States and are stationed outside the continental United States or in Alaska may be paid an allowance, in accordance with regulations prescribed by the Secretary of Defense, while they are so stationed.
(2) An allowance under this subsection shall be based on—
(A) living costs substantially higher than in the District of Columbia;
(B) conditions of environment which (i) differ substantially from conditions of environment in the continental United States, and (ii) warrant an allowance as a recruitment incentive; or
(C) both of the factors specified in subparagraphs (A) and (B).
(3) An allowance under this subsection may not exceed the allowance authorized to be paid by [section 5941(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5941/a&num=0&edition=prelim) for employees whose rates of basic pay are fixed by statute.
**(c) Additional Allowances and Benefits for Certain Employees of the Defense Clandestine Service.—**
(1) Beginning on the date on which the Secretary of Defense submits the report under paragraph (3)(A), in addition to the authority to provide compensation under subsection (a), the Secretary may provide a covered employee allowances and benefits under paragraph (1) of [section 9904 of title 5]
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1603
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Federal law — U.S. Code and appendices · legal_authorities
Page 1527
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4081
entitled to a deferred annuity, but before becom-
ing eligible to receive the annuity, and such par-
ticipant or former participant has left with the
Secretary of State a spousal agreement prom-
ising a share of a survivor annuity under sub-
chapter IV, chapter 84, title 5, to a former
spouse, such survivor annuity shall be paid
under the terms of this part as if the survivor
annuity had been ordered by a court.
(Pub. L. 96–465, title I, § 861, as added Pub. L.
99–335, title IV, § 415, June 6, 1986, 100 Stat. 619;
amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 99–556, title IV, § 407, Oct. 27,
1986, 100 Stat. 3139.)
Editorial Notes
AMENDMENTS
1986—Subsec. (a)(4)(A). Pub. L. 99–514 substituted ‘‘In-
ternal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
Subsec. (b)(3). Pub. L. 99–556 added par. (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–556 effective Jan. 1, 1987,
see section 408 of Pub. L. 99–556, set out as a note under
section 4046 of this title.
§ 4071k. Spousal agreements
A spousal agreement is any written agreement
(properly authenticated as determined by the
Secretary of State) between a participant or
former participant and his or her spouse or
former spouse on file with the Secretary of
State. A spousal agreement shall be consistent
with the terms of this chapter and applicable
regulations and, if executed at the time a partic-
ipant or former participant is currently mar-
ried, shall be approved by such current spouse.
It may be used to fix the level of benefits pay-
able under this
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4081
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Federal law — U.S. Code and appendices · legal_authorities
Page 1317
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 9904
1 See References in Text note below.
(f) SAVINGS PROVISIONS.—In the event that the
Secretary terminates this program, in the case
of an employee who, on the day before the ter-
mination of the program, is serving in a position
pursuant to an appointment under this section—
(1) the termination of the program does not
terminate the employee’s employment in that
position before the expiration of the lesser of—
(A) the period for which the employee was
appointed; or
(B) the period to which the employee’s
service is limited under subsection (c), in-
cluding any extension made under this sec-
tion before the termination of the program;
and
(2) the rate of basic pay prescribed for the
position under this section may not be reduced
as long as the employee continues to serve in
the position without a break in service.
(Added Pub. L. 108–136, div. A, title XI,
§ 1101(a)(1), Nov. 24, 2003, 117 Stat. 1632; amended
Pub. L. 112–81, div. A, title XI, § 1105, Dec. 31,
2011, 125 Stat. 1612.)
Editorial Notes
AMENDMENTS
2011—Subsec. (d)(2). Pub. L. 112–81, § 1105(1), amended
par. (2) generally. Prior to amendment, par. (2) read as
follows: ‘‘An employee appointed under this section is
not eligible for any bonus, monetary award, or other
monetary incentive for service except for payments au-
thorized under this section.’’
Subsec. (d)(3). Pub. L. 112–81, § 1105(2), inserted at end
‘‘In computing an employee’s total annual compensa-
tion for purposes of the preceding sentence, any pay-
ment referred to in paragraph (2)(B) shall be excluded.’’
Statutory Notes and Related Subsidiaries
REFERENCES TO MAXIMUM RATE UNDER 5 U.S.C. 5376
For reference to maximum rate under section 5376 of
this title, see section
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 9904
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Federal law — U.S. Code and appendices · legal_authorities
Page 324
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2001
ate and the House of Representatives a briefing
on the program required under subsection (a).
(Pub. L. 115–91, div. A, title XII, § 1277, Dec. 12,
2017, 131 Stat. 1700.)
Editorial Notes
CODIFICATION
Section was enacted as part of the National Defense
Authorization Act for Fiscal Year 2018, and not as part
of the David L. Boren National Security Education Act
of 1991 which comprises this chapter.
CHAPTER 38—CENTRAL INTELLIGENCE
AGENCY RETIREMENT AND DISABILITY
SUBCHAPTER I—DEFINITIONS
Sec.
2001.
Definitions relating to the system.
2002.
Definitions relating to participants and annu-
itants.
SUBCHAPTER II—CENTRAL INTELLIGENCE
AGENCY RETIREMENT AND DISABILITY SYSTEM
PART A—ESTABLISHMENT OF SYSTEM
2011.
CIARDS system.
2012.
Central Intelligence Agency Retirement and
Disability Fund.
2013.
Participants in CIARDS system.
2014.
Annuitants.
PART B—CONTRIBUTIONS
2021.
Contributions to fund.
PART C—COMPUTATION OF ANNUITIES
2031.
Computation of annuities.
2032.
Annuities for former spouses.
2033.
Election of survivor benefits for certain
former spouses divorced as of November 15,
1982.
2034.
Survivor annuity for certain other former
spouses.
2035.
Retirement
annuity
for
certain
former
spouses.
2036.
Survivor annuities for previous spouses.
PART D—BENEFITS ACCRUING TO CERTAIN
PARTICIPANTS
2051.
Retirement for disability or incapacity; med-
ical examination; recovery.
2052.
Death in service.
2053.
Voluntary retirement.
2054.
Discontinued service benefits.
2055.
Mandatory retirement.
2056.
Eligibility for annuity.
PART E—LUMP-SUM PAYMENTS
2071.
Lump-sum payments.
PART F—PERIOD OF SERVICE FOR ANNUITIES
2081.
Computation of length of service.
2082.
Prior service cr
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 2001. This identifies an authority to review, not proof of applicability.