PROPOSED OVERSEAS ALLOWANCES ACT OF 1955

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00224A000100690025-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 25, 2000
• Sequence Number: 25
• Content Type: MF

5- LLB-G.._ -
i?im ORANDUPM FOE: Legislative Counsel
SUBJECT: Proposed Overseas Allowances Act of 1955
1. In accordance with your request, the attached draft of the Overseas
Allowances Act of 1955 has been reviewed by representatives of this Office.
The following comments are furnished for consideration in determining whether
the Agency should support this proposal in its current form.
2. The objectives of the Bill are the codification into one Act of the
allowances and differentials payable to United States citizen e ployees serv-
ing outside the continental limits of the United States and Alaska and the
provision of uniform treatment for all Government employees overseas to the
extent justified by relative conditions of emplo;naent.While for official
ds
extend allowance benefits and should, therefore, be supported
cover staff personnel, it will not, in many instances, provide adequate al-
lowances for unofficial personnel who do not have access to United States
cover facilities and privileges available abroad.
3. Coverage of the proposal is liuLited to employees who are citizens
or nationals of the United States. &aployees are defined as civilians who
receive a salary or wage for a government agency. The Agency now employes
in clandestine activities individuals who are not now and may never become
United States citizens. These individuals perform services for the Agency
under contract and most may be classified as "independent contractors", al-
thou?h some are of the employee type.
4. with respect to official cover personnel, the Agency has taken the
position that it will generally conform with the laws, regulations and practices
applicable to other United States cover employees. As appropriate, we have
granted the standardized Government allowances and differentials to such per-
sonnel. However, in those instances when these allowances are considered in-
adequate, the problem has been handled in accordance with the provisions of
CR 20-1060 govern-n; equalization and cover allowances. It is also noted
that AFR 45-1050 provides for relief of the housing problem for A-lency per-
sonnel overseas.
5. The peculiar nature of our operations has been recognized in the
extraordinary authority granted the Director of Central Intelligence in section
10(a) and ('o) of P.L. 110. If the proposed general legislation does not over-
ride or delimit the specific authorities of P.L. 110, we do not anticipate
problems with respect to personnel in clandestine activities in the allowances
 area. However, if this latter legislation does delimit the Director's exist-
ing authority, there would be need for some type of exclusion of our covert
personnel. This might be obtained by inserting in section II (8), between the
words "who" and "receive", either "openly" or "overtly" and by providing that
contract personnel are excluded from coverage of the Act and shall be governed
by the provision of their contract as re-ards allowances. It is reco;maended
that the Office of General Counsel make the determination with respect to the
effect of this proposal on the Director's special authorities.
6. It is further recommended that, if the Office of General Counsel takes
the position that subsequent general legislation which does not specifically
exclude this Agency, delimits special authorities in the Agency's enabling
legislation, consideration be given to obtaining an appropriate amendment to
section 10, P.L. no, to provide for this and comparable situations.
Detiu~y Assistant Director
for Personnel
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