A BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00224A000100690028-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 9, 2016
• Document Release Date: August 25, 2000
• Sequence Number: 28
• Content Type: REGULATION

Approved For Release 2001103101: CIA-RDP59-00224A000100690028-0
To consolidate and revise certain provisions of law relating to
a2ditienal compensation of civilian employees of the Federal Government
stationed outside the continental United States and in Alaska, except as
otherwise authorized herein, and to facilitate recruitment, reduce turnover,
and comensate for extra costs and hardships due to overseas assignments.
Be it enacted by the Senate and the House of Representatives of the
United States of ;1merica in Ccugress assembled, That this Act may be cited
as the "Overseas Allowances Act of 1945?"
TITLE I - O1J CTIVES, DEFINITIONS, AND GENERAL PROVISIONS
AitT A - OBJECTIVES
Sec. 101. The Congress hereby declares that the objectives of this Act
arc to improve and strengthen the administration of Federal Government
activities overseas by -
(1) codifying into one Act certain provisions of law compen
sating United States citizen employees of the United States
Government stationed outside the continental United States
and in Alaska for extra costs and hardships due to overseas
assignments;
(2) provicing uniform treatment fcr personnel of all agencies
of the Federal Government overseas to the extent justified
by relative conditions of employment;
(3) providing a basis for the more efficient and equitable
administration of those provisions of law;
(4) facilitating the recruitment and retention of the best
qualified oorsonnel for service in overseas areas.
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PART B - DEFINITIONS
Sec. 111. When used in this Act, the term -
(1) "Government" means the Government of the United States
of America;
(2) "Government agency" means any executive department, board,
bureau, cffice, agency, comwnissicn, or any other establishment
of the Federal Government; or any corporation wholly owned
(either directly or through one or more corporations) by the
United States;
(3) "Continental United States" means the existing b8 States
and the District of Columbia;
(4) "Overseas" means all areas not included in the continental
United States as defined in ~paraf-rap h (3) of this section;
(5) "Foreign areas" means all areas, including for the purposes
of this let the Trust Territory of the Pacific Islands and
bases leased by the United States in foreign areas, but
exclusive of the continental United States, the Canal Zone
and the Territories and possessions of the United States;
(6) "Territories and possessions of the United States" means
Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and all possessipns of the
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(7) "Employee" means a civilian,;wcho receive
a, f,av t -a{* ,Fley, including ambassadors, ministers, and
officers of the Foreign Service, but excluding; members of the
Serrate and House of Representatives,
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PART C - GENERhL PROVISIONS
Sec. 121. Allowances and differentials authorized by this Act shall be
paid only in accordance with regulations prescribed by the President
establishing; rules governing, ;:ayment and rates at which payment shall be
made, and defining the area, groups of positions and categories of per-
sons to which each rate applies.
Sec. 122. Notwithstanding the provisions of RS 1765 (5 USC 70), allowances
and differentials provided by this Act are authorized for employees (a)
whose rates of basic compensation are fixed by statute and (b) whose
rates of basic compensation are fixed administratively in conformity with
rates ,aid by the Government for comparable work in the continental United
States, without taking into consideration allowances and differentials
provided by this Acts
Sec. 123. Section }l6,(1)Iof the Internal Revenue Code i as amended (26 U.S.C.
116(j), Is amended to read as follows:
"(j) In the case of an employee of the UnitedStates, amounts
received as allowances (but not amounts received as post
differentials) under the provisions of the Overseas -
Allowances Act of 195%"
TITLE II - ALLOWANCES P.'.+D DIF"li;U;NTL;LS IN FOREIG : AREAS
Sec. 201. The allowances and differentials authorized by this title may
be granted to Government employees who are citizens or nationals of the
United States stationed in foreign areas, except as authorized herein.
PART A - Q111HTE..'s ALLOWANCES
Sec. 211. Whenever Government-owned or rented quarters are not provided
without charge, one or more of the following, quarters allowances may be
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(1) A temporary lodging allowance for the cost of temporary
quarters incurred by the employee and his family upon
first arrival at a new foreign post, for a period not in
excess of three months after first arrival or until the
occupation of residence quarters, whichever shall be
shorter, and for a period not in excess of one month
innncdiately preceding final departure from the post sub..
ent to the necessary evacuation of residence quarters
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(2) A living quarters allowance for rent, heat, light, fuel, d'V1n~,hill
gas, electricity and water,. without regard to the limi-
tations of RS-3648, as amended, (31 U.S.C. 529);
(3) Under unusual circumstances for extraordinaryp
necessary and reasonable expenses, not otherwise compensated
for, incurred in initial repairs, alterations and improve-
ments to his residence at the foreign post of assignment.
PART B - CAST-OF-LIVING ALLOWANCES
Sec. 221. The following cost-of-living allowances may be granted
where applicablei
(1) A post allowance to offset the difference between the cost
of living in Washington, D. C. and the foreign post;
(2) A transfer allowance for extraordinary, necessary, and
reasonable expenses, not otherwise compensated for, in.
curred by an employee incident to establishing himself
at any foreign post of assignment or at a post of assign-
mont in the contitontal United States between assignments
to foreign posts;
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A separate maintenance allowance necessary to assist an
employee who is compelled by reason of dangerous, notably
unhealthful, or excessively adverse living conditions at
his foreign post, or for the convenience of the Govern-
ment., to meet the additional expense of maintaining his
wife or minor dependents or both elsewhere than at the
foreign post of assignment;
(4) An education allowance or grant as follows:
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An allowance to assist an employee
(a) to provide for the elementary and secondary
education of his minor dependents, including
cost of tuition, board and room, correspondence
courses, usual expenses and transportation costs;
(b) to transport his minor dependents., whenever adequate
elementary and secondary educational facilities
are not available at the post at which he is servings
to and from the nearest locality where such
facilities are available.
more than five years may receive a grant for the
travel expenses incurred in transporting his
minor dependents to and from the nearest port
of entry in the continental United States or
in a Territory or possession of the United
States, not to exceed one round trip., under
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for the parents, for the purpose of securing an
American secondary-school education; ft vided, that
no allowance payment under (1)(a) and (b) above
shall be made on behalf of a dependent who is in
the United States, its Territories or possessions$
under a travel grant authorized hereino
(b) An employee may receive a grant for the travel
expenses incurred in transporting his minor
dependents to and from the nearest port of
entry in the continental United States or in a
Territory or possession of the United States,
not to exceed one round trip1 under travel
orders unrelated to home leave orders for the
parents, for the purpose of obtaining post-
secondary or college educations
PART C - REPRESENTATION ALLOWANCE
Sec. 2310 Ropresente..ticn allowances may be granted to employees assigned
to foreign posts or to resident missions to international organizations
in amounts determined to be necessary for the furtherance of the United
States1 interests,
transporting to and from a place of storage and storing an omployeets
furniture and household and personal effects for not to exceed three months
after first arrival at a new post; or when an employee is assigned to a
post to which he cannot take or at which he is unable to use his furniture
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and household and personal effects; or when such storage would avoid the
cost of transporting such effects from one location to another.
PART E - OFFICIAL RESIDENCE ALLOWANCE
Sec. 251. An allotment of funds may be made to any foreign post to defray
that post.
unusual expenses incident to the operation and maintenance of official
residences suitable for the chief representatives of the United States at
PART F - POST DIFFERENTIAL
Sec. 261. A post differential may be granted on the basis of conditions
of environment which differ substantially from conditions of environment
in the continental United States and warrant additional compensation as a
recruitment and retention incentive. Additional compensation paid as a
post differential shall not in any instance exceed 25 percent of the rate
of basic compensation.
TITLE III - ALLOWANCES AND DIFFERENTIALS IN TERRITORIAL AREAS
Sec. 301. The allowances and differentials authorized by this title may
be granted to Government employees who are citizens or nationals of the
United States stationed in Territories and possessions of the United States.
PART A - COST-OF-LIVING ALLOWANCE
Sec. 311. A territorial cost-of-living allowance may be granted to off-
set the difference between the cost of living in Washington, D. C. and
the Territorial post or area.
PART B - STORAGE ALLOWANCE
Sec. 321. Payment or reimbursement may be authorized for the cost of
transporting to and from a place of storage and storing an employeets
furniture and household and personal effects for not to exceed three months
after first arrival at a new post; or when an employee is assigned to a
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post to which he cannot take or at which he is unable to use his furniture
and household and personal effects; or when such storage would avoid the
cost of transporting such effects from one location to another.
PART C - POST DIFFERENTIAL
Sec. 3314 A territorial post differential may be granted on the basis
of conditions of environment which differ substantially from conditions
of environment in the continental United States and warrant additional com-
sensation as a recruitment and retention incentive6 Additional compensation
paid as a post differential shall net in any instance exceed 25 percent
of the rate of basic compensation.
TITLE IV - MISCELLANEOUS PROVISIONS
Sec. 401. Funds appropriated for the fiscal year 1954 to any Government
agency, as defined in section 111(2) of this Act., are hereby made avail.
able for the purposes of this Act in accordance with authority granted
herein and such regulations as the President may prescribe. Appropriations
of additional funds as may be required to carry out the ,ur,)oses of this
Act,are hereby authorized.
Sec. 411. The following statutes or parts of statutes and all amendments
thereto are repealedt
(1) That part of the Act of June 26, 1930 which reads "and., where
such quarters are not available, may be granted an allowance
for living quarters., including heat, fuel, and light, not.
withstanding the provisions of section 1765 of the Revised
Statutes (U.S.C., title 5, sec. 70)"; and the phrase "or
allowances in lieu thereof" in the first proviso of said Act
(ch. 622k 46 Stat. 818; 5 U.S.C. 118a),
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(2)
Sections 443, 853, 901, 902, 903, 911(4) and 911(5) of the
Foreign Service Act of 1946 (ch. 957, 60 Stat. 999-1040),
(3)
Section 207 of the Act of April 20, 1948, as amended (62 Stat.
194; 62 Stat, 1205; 5 U.S.C. 118h).
Sec. 421. Any statute that is not repealed by section 411 but which is
inconsistent with any of the provisions of this Act shall be considered
as having been amended or superseded by such provisions.
Sec. 4310 The repeal of the several statutes or parts of statutes accom.
plished by section 411 shall not affect any act done or right accruing or
accrued, or any suit or proceeding had or commenced in any civil causes
before such repeal, but all rights and liabilities under the statutes or
parts thereof so repealed shall continue, and may be enforced in the same
manner as if such repeal had not been made; subject, however, to the
provisions of section 441.
Sec. 441. The repeal of the several statutes or parts of states
accomplished by section 411 shall not be construed as a revival, up to
the effective date of this Act, of any statute or part of a statute that
may have previously been repealed by implication.
Sec. 451. Notwithstanding the provisions of this Act, existing rules,
regulations of or applicable to the Government agencies shall remain in
effect until revoked or rescinded or until modified or superseded by
regulations made in accordance with the provisions of this Act, unless
clearly inconsistent with the provisions of this Act.
Sec. 461. The effective date of this Act shall be the first day of the
first pay period which begins after three months following the date of
enactment
Approved For Release 2001103101: CIA-RDP59-00224A000100690028-0