SECTION 3 (A)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A002000310059-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 50
• Document Creation Date: December 13, 2016
• Document Release Date: May 29, 2002
• Sequence Number: 59
• Content Type: REGULATION

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Section 3(a)
The proposed Section 3(a) incorporates by reference further sections of the
Armed Services Procurement Act which the Agency would be authorized to exercise_
The principal change involves Section 2.(c) of the Procurement Act which relates
to the circumstances under which contracts may be negotiated without advertising
Previously the Agency could utilize the following subsections of 2(c)!
(1) In public interest during national emergency,
(2) Public exigency- will not admit delay,
(3) Amount involved does not exceed $1, 000.
(4) Personal or professional serviees:
(5) Service by educational institution:
(6) Procurement outside U.S.
(10) Where impracticable to secure competition,
(12) Contract should not be publicly disclosed,
(15) Prices after advertising not reasonable or not independently
arrived at.
(17) Otherwise authorized by law.
The current bill would authorize the Agency to utilize the remaining negotiation
authorities of Section 2(c) as indicated below.
(7) Medical Supplies, In the establishment of first aid stations and
provisions of certain medical services there is re,-Iuired procuternent of medicines
(over)
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and medical supplies. Authority to negotiate for such procurement is based on the
fact that quite often considerations of quantity and exact composition 3-fteet outweigh
possible small differences in prices. Example of this would be our requirement
for Salk vaccine.
(8) In the conduct of operations it is often necessary to secure sterile
property for shipment overseas to be utilized by operational personnel.who,dependins
upon the circumstances, may either barter, give or resell the property. In other
operational situations, the Agency has purchased items � for resale to foreign
governments,
(9) Perishable subsistence supplies. The Agency must purchase
"perishable subsistence supplies for field station messes,
This section would provide needed authority to
negotiate for these supplies.
(11) Experimental, development or research work. There is a
continuing need for special eouipment. It is necessary to enter into research and
developmental contracts for production of such items. Examples are in the field
of communications and in the clandestine services (TSS tesse eouiprnerit). Such
items are often unique and the Agency must negotiate with security cleared
contractors to obtain them.
(13) The Agency communications system is on a world-wide basis and
requires procurement of large nu.antites of radio receivers, transmitters and
ancillary equipment. It has been found necessary that the spare parts inventory
(see Card 2)
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Section 1 - Explanation Card 2
Section 3(a) Cont.&
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(13) continued -
be built up through negotiation with selected contractors to assure standardaTaIL
and interchangeability.
(16) Where necessary to keep particular plant, or facility available.
The circumstances covered by this authority are applicable to CIA in that we have
work to be done or products to be manufactured which are unrelated to any
commercial product. It is possible that unless we negotiated contracts with the
specially qualified and security cleared contractors in these fields, they would
not be "available in the event of a national emergency." This authority is not
widely used, even by the Department of Defense, and will be used even less by
CIA; however, it should be available in the event of a national emergency.
(over)
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References to Sections 3 and 4 of the Procurement Act have been deleted since
the purpose of Section 3(a) is to provide authority whereas the deleted Sections
are procedural provisions and therefore inappropriate for inclusion in a statement
of authorities. The proceduresspecified by 3 and 4 are followed by the Agency as
a matter of course. There has been included in the proposed Section 3(a), Section 7
of the Procurement Act which provides for delegations of authority. In the current
law these are spelled out in Sections 3 (c) and 3 (d) which are being deleted by the
proposed bill in favor of incorporation by reference.
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Section 1 - Explanation
Section 3(b)
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Proposed Section 3(b) authorizes contracts for research or development for
periods up to five years, which is substantially similar to present authorities for
military departments. In fulfilling its unique mission, the Agency lets contracts
from time to time for important and novel research and development work. Such
contracts often must extend over a relatively long period in order to accomplish
the desired result and do not accomodate themselves to fiscal year limitations.
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�2=�,1,LWIL1.. e.xpiananon
Section 3(c)
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This is a revision of the current Section 3(b) to bring into accord the existing
organizational positions. The provision is simply a definition of Ageriey head to
include the DCI, DDCI and the Deputy Directors.
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In view of the complexity of attempting to include certain new authorities in the
field of travel and allowances, it was deemed preferable to reenact in its entirety
Section 5 of the current law. The new authorities are clearly indicated in the
explanations to follow and the provisions which are reenactments of existing law
are also clearly indicated. In addition, the Section has been somewhat rearranged
in order to place the various authorities in more logical sequence.
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Section 2, Explanation
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Section 5(a)
5(a)(I) Reenactment of existing law which provides payment of travel expenses.
5(a)(2) Reenactment of 5(a)(1)(B) authorizing payment of travel expenses for members
of the family.
5(a)(3) Reenactment of 5(a)(1)(C) which authorizes payment of transportation
expenses of furniture and household and personal effects of employees.
5(a)(4) Reenactment of 5(a)(4) of existing law which provides for the payment of
shipping expenses for private automobiles.
5(a)(5) Modifies the existing law Section 5(a)(1)(D) authorizing storing of furniture
and household effects where the employee is unable, because of emergency conditions,
to take his furniture. The modification permits storage on the basis of a
determination by the Agency that it would be cheaper to store the furniture than to
transport it, The language accomplishing this modification is similar to Foreign
Service authority which has been in effect for several years.
5(a)(6) Reenactment of 5(a)(1)(E) which authorizes cost of storing furniture and
household and personal effects of an employee at first arrival at a post abroad.
(over)
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5(a)(7) Reenactment of 5(a)(1)(F) which authorizes travel expenses and
transportation costs incidental to moving an employee's family from a post during
temporary periods because of dangerous conditions.
5(a)(8) This provision is new and will permit payment for one trip to a United
States port of entry and return to his parents' post abroad for an employee's child
during each of the high school and college periods. This authority is identical to
the authority granted in this regard to Foreign Service in the 84th Congress.
5(a)(9) Reenactment of 5(a)(6) of existing law which authorizes payment of cost
of preparing and transporting the remains of an employee or member of his family
who may die abroad.
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Section 2. Explanation
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This is a revision of Section 5(0(2) of the present law which authorizes the
Agency to charge expenses of travel and transportation to the appropriation for
the fiscal year current when any part of the travel begins notwithstanding that the
travel may not be completed during that current year. The existing law limits the
authority to travel involving permanent change of station. The revision would grant
similar authority with respect to travel expenses for temporary duty travel. In
addition, the revision would also extend the authority to the expenses in connection
with transporting automobiles.
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oectIon L. Explanation
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Section 5(c)
5(c)(1) This revision brings up to date Section 5(a)(3)(A) of the current law which
provides authority to approvt travel for home leave purposes upon completion of two
years of service abroad. The amendment eliminates the requirement that employees
have accumulated sufficient leave to carry them in leave status for 30 days. Under
present leave laws it is impossible for some employees to accumulate sufficient leave
and with the proposed granting of statutory home leave benefits the accumulation
requirement becomes meaningless. The revision also deletes obsolete references
to Code citations.
5(c)(2) Reenactment of 5(a)(3)(B) in the current law which provides travel time
will not be charged to leave.
5(c)(3) Reenactment of 5(a)(3)(C) in the current law provides that an employee
while in this country for leave may be assigned to temporary duty in the Agency
but shall not be available for any other work or duties.
5(c)(4) Extends the statutory home leave provisions of the Annual and Sick Leave
Act of 1951 to CIA employees stationed abroad, and thus places them on a similar
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basis to members of the Foreign Service in this regard. There is need for a period
of home leave during which an employee can bring himself up to date on current
affairs in the United States and handle personal affairs neglected during long
service overseas. The phrases "and as it may hereafter be amended" are inserted
in order to equate proposed CIA legislation to any possible changes in government-wide
leave legislation.
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Section 2 - Explanation
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The following specific sections reenact existing authorities in the field of
medical benefits and, in addition, incorporate new authorities. The rearrangement
of Section 5 in the proposed bill is such that the medical benefits are available
not only to persons assigned to permanent duty stations abroad but also to
persons serving abroad on temporary duty. This has been accomplished by not
having the medical benefits sections under the general preamble to the previous
section 5(a) of the existing law.
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Section Z - Explanation
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This revision reenacts Section 5(a)(5)(A) of existing law which authorizes the
Agency to pay travel expenses of employees of the Agency to a suitable hospital and
return in the event of illness or injury if there is no suitable medical facility at the
assigned post. Current law also provides for payment of travel expenses of an
attendant if the employee is too ill to travel unattended. The revision simply extends
this coverage to dependents of employees . As the members of the employee's
family find themselves in these localities solely because of the employee's employment
with the Agency, it is considered appropriate for the Agency to bear the travel costs
in such cases. The Foreign Service is currently requesting similar authority.
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Section 2 - Explanation
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This is a reenactment of existing law section 5(a)(5)(C) which provides authority
for payment of medical expenses to employees assigned abroad.
Section 5(d)(2)(B)
This is a new provision which extends limited medical benefits to dependents
of an employee who are located abroad because of the employee's assignment to a
foreign post. It is not intended that the Agency assume the full cost of providing
medical care and treatment for Agency employees under all circumstances.
Provision is made that the employee assume the first $35.00 of such costs with a
limitation of 120 days of hospitalization for each illness or injury. In exceptional
circumstances, the maximum limitation shall not apply when it is determined that
the illne.ss or injury clearly is caused by the fact that the dependent is or has been
located abroad. For example, civil strife resulting in serious injury to the wife
of an Agency employee or a child's contraction of an infectious disease (despite
observance of normal precautionary measures) which rarely occurs in the United
States, would seem to warrant the Agency assuming the full cost. The requested
authority is identical to the authority currently being sought by the Foreign Service.
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Section 2 - Explanation
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Section 5(d)(2)(A) and 5(d)(2)(B)
The language of the proposed bill is in substantial accord with the Foreign Service Act
amendments as approved by the Senate in S. 3481. In fact, at the suggestion of the
Bureau of the Budget our initial language was changed to conform with the Foreign
Service Act amendments. We note that in the Senate consideration certain changes were
made. The principal change concerned the insertion of the words "similar treatment"
after "hospitalization" in recognition that in some areas of the world the home of the
officer or employee would contain better facilities for treatment than the local
hospital. Therefore, we should insert the words "or similar treatment" in both
sections immediately following the word "hospitalization" wherever it occurs. It
occurs once in 5(d)(2)(A) and twice in 5(d)(2)(B).
In addition, there has been added to S.3481 a section providing that after experience
has been obtained in connection with the new medical benefits, the Secretary can
determine that if the benefits can be provided for as well and as cheaply in other ways
the Secretary may contract for medical care pursuant to such arrangements, insurance,
medical service, or health plans as he may deem appropriate. Therefore, it might
be desirable to conform our language further to the Foreign Service bill to include
a new subsection 5(d)(2)(C) as follows:
(over)
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"After sufficient experience in the operation of the medical protection plan
authorized in subsections (a) and (b) of this section has been obtained, as determined
by the Secretary, and if he considers that the benefits so authorized can be
provided for as well and as cheaply in other ways, the Secretary may, under such
regulations, and for such persons, locations, and conditions as he may deem
appropriate, and within the limits prescribed in such subsections, contract for
medical care pursuant to such arrangements, insurance, medical service, or
health plans as he may deem appropriate."
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Section 2 - Explanation
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This is a reenactment of Section 5(a)(5)(D) which authorizes establishment of
a first aid station and a nurse at posts where deemed required. In addition, the
amendment also authorizes the Agency to provide the services of a physician or
other medical personnel at posts where sufficient personnel are employed. It
is not intended to establish facilities of this kind at all posts. Normally this Agency
would be able to rely on other Government facilities or private facilities. At some
posts, however, only the most primitive medical facilities exist or in some cases,
although suitable facilities exist, they are not available to Agency employees.
Therefore, establishment of essential medical facilities and services is believed
to be a practical investment from the point of view of the Government as an employer
as well as to the benefit of employees'morale.
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Section 2 - Explanation
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Section 5(d)(4)
This is a reenactment of 5(a)(5)(D) which authorizes the Agency to provide periodic
ohysical examinations and inoculations for employees. In addition, this authority would
be extended in the case of dependents of employees. Although in practice inoculations
have been granted dependents, the matter is not free from doubt and, therefore, this
c.7_arifying language is sought. The wording of this provision is substantially in accord
with the existing law applicable to Foreign Service.
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Section 2 - Explanation
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Section 5( e)
Reenactment of existing law Section 5(a)(7) which provides for the payment of
costs of travel of new appointees and their dependents from place of actual residence
abroad to place of employment by the Agency.
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Section 2 - Explanation
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Section 5 (f)
The various subsections under 5(f) provide the authority for granting of various
types of allowances for persons assigned abroad. Previously these authorities were
available in part through incorporation by reference of certain sections of the Foreign
Service Act and through reliance on statutory provisions of general applicability in
Government. It was believed desirable to establish the Agency's authorities in a
clear-cut fashion based on Agency requirements in order to facilitate the administration
of the allowances and determination of need for further authorities as fUture needs
indicated. The preamble to the granting of all of these allowances is that they
will be in accord with such regulations as the President may prescribe. Currently
Executive Order 10100 establishes the Presidential regulations in the field of
allowances for this Agency. An appropriate amendment to this Executive Order will
be proposed to conform with the proposed statutory amendments should they be
enacted into law.
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e CUM L r..xpianation
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Section 5( f)(1)
This provision provides for the basic quarters allowance and also for the
temporary lodging allowance. The wording is substantially similar to the Foreign
Service provisions and those available generally in Government.
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Section 3 - Explanation
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Section 5(f)(2)
(A) This provision provides authority for the basic cost-of-living allowance
at posts abroad in subsection (A).
(B) Subsection (B) provides authority for the transfer allowances. These
allowances and the language used are substantially in accord with those utilized
by the Foreign Service.
(C) This subsection provides authority for the separation allowance where the
requirements of the post are such that for the convenience of the Government an
employee is unable to have his dependents with him. This also is similar to
Foreign Service authority.
(D) This subsection will permit the Agency to provide an appropriate allowance
to meet extraordinary and necessary tuition expenses incurred by an employee in
providing proper elementary and secondary education for his dependents. The
language used is substantially similar to that currently available to Foreign Service
and through Appropriation Acts to the Government generally.
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Section 2 - Explanation
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Section 5(f)(3)
This authority will permit establishment of appropriate differentials in various
localities outside the continental United States where conditions of environment warrant
additional compensation as a recruitment and retention incentive. The authority is
applicable both to posts abroad and territorial localities. The language utilized is
sUbstantially similar to that in the Foreign Service Act for foreign areas and statutory
authorization applicable generally to the Government for territorial locations.
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Section 2 - Explanation
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Section 5(g)
This section provides that the allowances paid by the Agency in accord with
Sections 5(f)(1) and (2) shall be exempt from Federal income tax. The wording of a similar
provision in the Internal Revenue Code applicable to allowances granted the Foreign
Service and other Government employees is not sufficiently broad to cover allowances
Which would be available pursuant to the provisions of the amended CIA Act. Therefore,
the proper language has been included here.
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Section 3.
This proposed amendment would raise from 15 to 35 the number of retired officers
of the armed services employable by CIA under the authority of Section 6(f)(1) of our
Act, whose employment by the Federal Government would be otherwise barred by other
statutory limitations on the employment of such officers. It was pointed out in the
report of the Clark Task Force of the Hoover Commission, and this Agency concurs in its
conclusion, that increased use should be made, if 'Possible, of the talents of retired
military officers whose ability and experience fit them for the types of work done by
this Agency.
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Section 4.
ctio.n 4.- Fypi ark ?+,ti on
This is a new provision which would authorize the Agency to make advance
payments in foreign countries where necessary to meet their laws or regulations,
or for advance payment of rent which may be necessary to accord with local custom.
Without specific statutory exemption, Section 3648 of the R-vised Statutes prohibits
the Government fror- making such advance payments. The prohibition works a
hardship in many foreign countries whose laws or customs require advance
payments particularly for rent. Numerous exceptions have been made to Section
3648 for such agencies as the Bureau of Customs, the Office of Scientific Research,
and Development, the Department of State and the Armed Service.s,
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Section 5.
This provision corrects a typographical error in Section 10(a)(1) of the
Central Intelligence Agency Act of 1949. The authority which was intended to be granted
by this clause was the authority to nay claims under the Federal Tort Claims Act
(Chapter 171), but the chapter number was omitted. from the final printed versions
of the bill as passed.
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SUMMARY OF PROPOS= CIA BILL
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Section 1. This Section amends Section 3 of the current law to bring up to date CIA
authorities in the field of contracting. Substantially we have incorporated by
reference various provisions of the Armed Services Procurement Act and the
revision incorporates a few more of them.
Section 2. This Section rewrites in its entirety Section 5 of the current law which deals
with travel and medical expenses, allowances and other items. The specific
groupings are as follows:
5(a) - Travel and transportation authorities.
5(b) - Fiscal year charges for travel and transportation expenses.
5(c) - Authority for home leave travel and accumulation of home leave.
5(d) - Reimbursement of medical expenses and transportation for the purpose
of securing medical treatment. Included are limited benefits for
dependents.
5(e) - Travel and transportation expenses of new appointees.re siding abroad.
5(f) - Authorities relating to the granting of various allowances such as
cost-of-living and quarters.
5(g) - Exempts allowances granted under the above authority from Federal
income taxes.
(over)
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Section 3. This amends a part of Section 6 of the current law to permit us to hire
35 retired officers in lieu of the old figure of 15.
Section 4. Amends a portion of Section 6 of existing law to grant fiscal authority
for advances of funds in certain situations.
Section 5. Amends Section 10 of the existing law and is simply a technical amendment
to correct a printing error in the existing law.
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Section 3 of the current law is revised in its entirety to read as follows:
"(a) In the performance of its functions, the Central Intelligence Agency is
authorized to exercise the authorities contained in sections 2(c), 5, 6, 7, and 10
of the Armed Services Procurement Act of 1947, approved Feb. 19, 1948, as
amended (62 Stat. 21, 41 U.S. C. 151).
"(b) Contracts of the Agency for services and use of facilities for research
or development may be for a term not to exceed five years, and may be extended
for an additional period not to exceed five years, subject to the availability of
appropriations therefor.
"(c) For purposes of this section, the term "agency head" shall mean the
Director and Deputy Director of Central Intelligence and the Deputy Directors
of the Agency. "
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Section 5.
Section 5. (a) Under such regulations as the Director may prescribe, the Agency,
with respect to its officers and employees assigned abroad, may
(1) pay the travel expenses of officers and employees of the Agency including
expenses incurred while traveling pursuant to orders issued by the Director in
accordance with the provisions of section 5(c) with regard to the granting of home
leave;
(2) pay the travel expenses of members of the family of an officers or employee
of the Agency when proceeding to or returning from his post of duty; accompanying him on
unauthorized home leave; or otherwise traveling in accordance with authority granted
pursuant to the terms of this or any other Act;
(3) pay the cost of transporting the furniture and household and personal effects
of an officer or employee of the Agency to his successive posts of duty and, on the
termination of his services, to his residence at time of appointment or to a point not
more distant, or, upon retirement, to the place where he will reside;
(4) notwithstanding the provisions of any other law, transport for or on behalf of
an officer or employee of the Agency, a privately owned automobile in any case where
it shall be determined that water, rail, or air transportation of the automobile is
necessary or expedient for any part or all of the distance between points of origin and
destination, and pay the costs of such transportation;
(over)
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(5) pay the cost of storing the furniture and household and personal effects of an
officer or employee of the Agency who is absent under orders from his usual post of duty;
or who is assigned to a point 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;
(6) pay the cost of storing the furniture and household and personal effects of an
officer or employee of the Agency on first arrival at a post for a period not in excess
of three months after such first arrival at such post or until the establishment of
residence quarters, whichever shall be shorter;
(7) pay the travel expenses and transportation costs incident to the removal of the
members of the family of an officer or employee of the Agency and his furniture and
household and personal effects, including automobiles, from a post at which, because
of the prevalence of disturbed conditions, there is imminent danger to live and property,
and the return of such persons, furniture, and effects to such post upon the cessation
of such conditions; or to such other post as may in the meantime have become the
post to which such officer or employee has been assigned;
(8) pay the travel expenses incurred by an officer or employee of the Agency in
transporting dependents to and from United States ports of entry designated by the
Agency, to obtain an American secondary or college education, not to exceed one trip
each way for each dependent for the purpose of obtaining such type of education;
(9) Pay the costs of preparing and transporting the remains of an officer or
employee of the Agency or a member of his family who may die while in travel status
or abroad, tc icial station, or to such other place as the Director may
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Section 2 - Bill
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Section 5.
determine to be the appropriate place of interment, provided that in no case shall
the expense payable be greater than the amount which would have been payable had
the destination been the home or official station.
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ection - .13 11 1
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Section 5(b)
The Agency may charge expenses in connection with travel of personnel, their
dependents, and transportation of their household goods, personal effects, and
automobiles to the appropriation for the fiscal year current when any part of either
the travel or transportation begins pursuant to previously issued travel orders,
notwithstanding the fact that such travel or transportation may not all be effected
during such fiscal year, or the travel orders may have been issued during the prior '
fiscal year.
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bieCt1011 13111
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Section 5(c)(1)
Under such regulations as the Director may prescribe, the Agency may order to
the continental United States or its territories and possessions on leave of absence as
provided by law, every officer and employee of the Agency, upon completion of two
years continuous service abroad, or as soon as possible thereafter.
5(c)(2) While in the continental United States on leave, the service of any officer
or employee shall not be available for work or duties except in the Agency or for training
or for reorientation for work; and the time of such work or duty shall not be counted
as leave.
5(c)(3) Where an officer or employee on leave returns to the United States or its
territories and possessions, leave of absence granted shall be exclusive of the time
actually and necessarily occupied in going to and from the United States or its
territories and possessions, and such time as may be necessarily occupied in awaiting
transportation.
5(c)(4) The provisions of Section 203(f) of the Act of October 30, 1951, as amended
(65 Stat. 679, U.S. C.2061), and as it may hereafter be amended, shall be applicable
(over)
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to officers and empxoyees of the Agency, and such officers and employees shall be
subject to the limitations as to the accumulation of leave applicable to officers and
employees in the Foreign Service of the United States under the Department of State
as provided in Sections 203(c) and (d) of the Act of October 30, 1951, as amended
(65 Stat. 679, 5 U. S. C. 2061), and as it may hereafter be amended.
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Section 2 - Bill
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Section 5(c1)(1)
In the event of illness, injury or maternity incurred while on assignment
abroad, by an officer or full-time employee of the Agency or by a member of the
family accompanying such officer or employee, not the result of vicious habits,
intemperance, or misconduct on the part of such persons, in a locality where
there does not exist a suitable medical facility, the Agency may, under such
regulations as the Director may prescribe, pay the travel expenses of such officer or
employee, or member of his family, by whatever means are considered appropriate
without regard to the Standardized Government Travel Regulations and Section 10
of the Act of March 3, 1933 as amended (47 Stat. 1516; 5 U.S. C. 73b), to the nearest
locality where a suitable medical facility exists and on the recovery of such individual
pay for the travel expenses of return to the post of duty of such officer or employee,
or member of his family. If such officer or employee, or member of his family,
is too ill to travel unattended, the Agency may also pay the compensation and round
trip travel expenses of an attendant or attendants.
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Section 2 - Bill
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The Director may, in the event of illness or injury requiring hospitalization
of an officer or employee of the Agency, not the result of vicious habits, intemperance,
or misconduct on his part, incurred in the line of duty while such person is assigned
abroad, pay for the cost of the treatment of such illness or injury at a suitable
hospital or clinic.
Section 5(d)(2)(B)
In the event a dependent of an officer or employee of the Agency who is stationed
abroad, incurs an illness or injury while located abroad, which requires
hospitalization and which is not the result of vicious habits, intemperance, or
misconduct, the Agency may, in accordance with such regulations as the Director
may prescribe, pay for that portion of the costs of treatment of each such illness
or injury at a suitable hospital or clinic that exceeds $35. 00 up to a maximum
limitation of 120 days of hospitalization for each such illness or injury, except
that such maximum limitation shall not apply whenever the Director, on the
basis of professional medical advice, shall determine that such illness or injury
'Clearly is caused by the fact that such dependent is or has been located abroad.
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Section 2- Bill
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The Director may establish a first aid station and provide for the services
of a physician, a nurse, or other medical personnel at a post at which, in his opinion,
sufficient personnel are employed to warrant such a station.
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Section 2- Bill
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Section 5(d)(4)
The Director may provide for the periodic physical examination of officers
and employees of the Agency and their dependents and for the cost of administering
inoculations or vaccinations to such officers or employees and their dependents.
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Section 2 - Bi11
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In accordance with such regulations as the Director may prescribe, the
Agency may pay the costs of travel of new appointees and their dependents, and
the transportation of their household goods and personal effects, from places
of actual residence in foreign countries at time of appointment to places of
employment and return to their actual residences at the time of appointment or
a point not more distant: Provided, That such appointees agree in writing to
remain with the United States Government for a period of not less than twelve
months from the time of appointment. Violation of such agreement for personal
convenience of an employee or because of separation for misconduct will bar
such return payments and, if determined by the Director or his designee to be in
the best interests of the United States, any money expended by the United States
on account of such travel and transportation shall be considered as a debt due
by the individual concerned to the United States.
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Section - Bill
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Section 5(f)(1)
Allowances, whenever Government owned or rented quarters are not available
at a post abroad, for living quarters, heat, light, water, fuel, gas, and
electricity, including allowances for the cost of lodging at temporary quarters,
incurred by an officer or employee of the Agency and the meMbers of his family
upon first arrival at a new post, for a period not in excess of three months
after such first arrival or until the occupation of residence quarters, whichever
period shall be shorter, up to but not in excess of the aggregate amount of the
per diem that would be allowable to such officer or employee for himself and the
members of his family for such period if they were in travel status.
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,cc.:,Latiri- Dill
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bection f)(2)
Cost-of-living allowances whenever -
(A) the cost of living at a post abroad is proportionately so high that an
allowance is necessary to enable an officer or employee of the Agency at such post to
carry on his work efficiently;
(B) extraordinary and necessary expenses not otherwise compensated for are
incurred by an officer or employee of the Agency incident to the establishment of his
residence at any post of assignment abroad or at a post of assignment in the continental
United States between assignments to posts abroad;
(C) an allowance is necessary to assist an officer or employee of the Agency who
Is compelled by reasons of dangerous) notably unhealthful, or excessively adverse
living conditions at his Post abroad or for the convenience of the Government to meet
the additional expense of maintaining his wife and minor children elsewhere than at
the post of his assignment;
(D) extraordinary and necessary expenses, not otherwise compensated for, must be
Incurred by an officer or employee of the Agency, by reason of his service abroad, in
providing for adequate elementary and secondary education of his dependents; allowances
under this subparagraph for any post shall not exceed the cost of obtaining such
educational services as are ordinarily provided without charge by the public schools
of the United States plus, in those cases v1le3re adequate schools are not available at
the post, board and room, and periodic transportation between the post and the nearest
locality where adequate schools are available; if any such officer or employee employs
a less expensive method of providing such education, any allowance paid to him shall be
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reduced accordingly; no allowance shall be paid under this subparagraph for 4 dependent
for whom a travel allowance has been paid under subsection 5(a)(8).
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Section Z - bill
Approved For Relitikti6W24Mn) CIA-RDP78-04718A002000310059-3
A foreign post differential or a territorial post differential 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 foreign post differential
or territorial post differential shall not in any instance exceed 25 per centum of the
rate of basic compensation.
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Section 2 - Bill
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Section 5(g)
Amounts received as allowances pursuant to the provisions of Section 5(f)(1) and
(2) of this Act shall not be included in gross income, and shall be exempt from taxation
under the Internal Revenue Code of 1954, as amended, and as it may hereafter be amended.
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Section 3.
Section 6(f)(1) of such Act is amended by str:Lking out "fifteen" and inserting
In lieu thereof the following: "thirty-five".
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Section 4 - Bill
Section 4.
Section 6 of such Act is amended by the insertion of a semicolon in lieu of the
'Period at the end of subsection (f) and by the addition of a new slibsection (g) which
shall read as follows:
(g) Make payments without regard to sect4on. 3648 of the Relfised
Statutes (11 U.S.C. 529), when made -
(1) in compliance with the laws of foreign countries or their
ministerial regulations, and
(2) for rent in foreign countries for rericf. a may be necessary
to accord with local custom.
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Section 5.
Section 10(a)(1) of such Act Is amended by inserting "Chapter 171 of" immediately
before "28 U.S.C."
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