US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 1605

Benefits for certain employees assigned outside the United States

(a)
(1)
22 U.S.C. 4081(2)section 5924(4) of title 5 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 sections 705 and 903 of the Foreign Service Act of 1980 (, (3), (4), (5), (6), (7), (8), and (13), 4025, 4083) and under .
(2)
50 U.S.C. 215350 U.S.C. 3518 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 () and in section 18 of the Central Intelligence Agency Act of 1949 ().
(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).

Pub. L. 98–215, title V, § 501(a)97 Stat. 1478 Pub. L. 99–145, title XIII, § 1302(a)(1)99 Stat. 737 Pub. L. 99–335, title V, § 507(b)100 Stat. 628 Pub. L. 99–569, title V, § 501100 Stat. 3198 Pub. L. 101–193, title V, § 505(a)103 Stat. 1709 Pub. L. 102–496, title VIII, § 803(d)106 Stat. 3253 Pub. L. 103–160, div. A, title XI, § 1182(a)(3)107 Stat. 1771 Pub. L. 104–93, title V, § 502(a)109 Stat. 972 Pub. L. 104–201, div. A, title XVI, § 1633(c)(1)110 Stat. 2751 Pub. L. 106–65, div. A, title X, § 1067(1)113 Stat. 774 Pub. L. 113–291, div. A, title X, § 1071(c)(11)128 Stat. 3509 (Added , , , § 192; renumbered § 1605 and amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 113–29150 U.S.C. 351850 U.S.C. 403r2014—Subsec. (a)(2). substituted “()” for “()”.

Pub. L. 106–651999—Subsec. (c)(2). substituted “Committee on Armed Services” for “Committee on National Security”.

Pub. L. 104–2011996— substituted “assigned outside the United States” for “of the Defense Intelligence Agency” in section catchline.

Pub. L. 104–93, § 502(a)(1)Subsec. (a). , 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).

Pub. L. 104–93, § 502(a)(2)Subsec. (c). , 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.”

Pub. L. 104–93, § 502(a)(3)Subsec. (d). , added subsec. (d).

Pub. L. 103–16050 U.S.C. 215350 U.S.C. 4031993—Subsec. (a). substituted “()” for “( note)”.

Pub. L. 102–49650 U.S.C. 403r1992—Subsec. (a). substituted “the Central Intelligence Agency Retirement Act” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees” and inserted “()” after “the Central Intelligence Agency Act of 1949”.

Pub. L. 101–1931989—Subsec. (a). 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.

Pub. L. 99–56922 U.S.C. 4081(5)1986—Subsec. (a). inserted reference to par. (5) of section 901 of the Foreign Service Act of 1980 ().

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.

Pub. L. 99–145, § 1302(a)(1)(A)22 U.S.C. 4081(2)section 5924(4) of title 522 U.S.C. 402522 U.S.C. 4081(2)22 U.S.C. 40835 U.S.C. 5924(4)1985—Subsec. (a). , (B), struck out references to Director of the Defense Intelligence Agency and to military personnel, substituted “sections 705 and 903” for “under sections 903, 705, and 2308”, and substituted “(, (3), (4), (6), (7), (8), and (13), 4025, 4083) and under .” for “(; , (3), (4), (6), (7), (8), and (13); ; ).”

Pub. L. 99–145, § 1302(a)(1)(A)Subsec. (b). , struck out reference to Director of the Defense Intelligence Agency.

Pub. L. 99–145, § 1302(a)(1)(C)Subsecs. (c), (d). , 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 Amendment

Pub. L. 104–201section 1635 of Pub. L. 104–201section 1593 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1992 Amendment

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

Effective Date of 1986 Amendment

Pub. L. 99–335section 702(a) of Pub. L. 99–335section 8401 of Title 5Amendment by effective , see , set out as an Effective Date note under , Government Organization and Employees.