A BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00065A000100010005-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 12, 2016
• Document Release Date: April 24, 2000
• Sequence Number: 5
• Content Type: REGULATION

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To amend the Central Intelligence Agency Act of 1949, as amended, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 3 of the Act entitled the Central Intelligence
Agency Act of 1949, approved June 20, 1949, as amended (63 Stat. 208,
50 U.S.C, 403a) (hereinafter referred to as "such Act"), is amended
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. l5l).,
(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.
FLT? N
IN CLASS/ .E.. G :'zIy "M T. JUST.2Z
NEXT REV? O LEI t,.V D T 1?E DOC. -3-0-
NO. PG5 . I' _._. FG .GIP _~ .. GLASS-LA.-
V COOS . i I:
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SECTION 2. Section 5 of such Act is amended to read as follows:
Section 5. (a) Under such regulations as the Director
may prescribe, the Agency, with respect to its officers and
employees assigned outside the continental United States, 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(d) with regard to the granting of home leave;
(2) pay the travel expenses of members of the family of an
officer or employee of the Agency when proceeding to or returning
from his post of duty; accompanying him on authorized 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 house-
hold 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;
(I4) 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 of all the distance between points of
origin and destination, and pay the costs of such transportation;
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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 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;
(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 estab-
lishment 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 life 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;
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(3) pay the travel expenses incurred by an officer or
employee of the Agency who is assigned to a post outside the
continental United States, 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 each 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,
to his home or official station, or to such other place as the
Director may 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.
(b) The Director may, notwithstanding the provisions of any
other law, prescribe regulations, whenever he considers that it is in the
interest of the Government to do so, authorizing officers and employees
of the Agency to receive payment on a commuted basis in lieu of any
other method for any per diem allowance to which they or members of their
families are entitled.
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(c) The Agency may charge expenses in connection with travel
of personnel, their dependents, and transportation of their house-
hold 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.
(d) (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 com-
pletion of two years continuous service outside the continental
United States, or as soon as possible thereafter.
(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.
(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.
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(Ii) The provisions of Section 203(f) of the Act of
October 30, 1951, as amended (65 Stat..679, 5 U.S.C. 2061),
and as it may hereafter be amended, shall be applicable to
officers and employees 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.
(e) (1) In the event of illness, injury or maternity incurred
while on assignment outside the continental United States, by
an officer or full-time employee of the Agency or of a member
of the family accompanying such officer or employee outside
the continental United States, 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
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such officer or employee, or member of his family, is too
ill to travel unattended, the Agency may also pay the com-
pensation and round trip travel expenses of an attendant or
attendants,
(2) The Agency may, under such regulations as the
Director may prescribe, pay for the cost of treatment of illness
or injury where such illness or injury is incurred --
(A) in the line of duty by an officer or full-time
employee of the Agency while such person is assigned
outside the continental United States, or
(B) by a member of the family accompanying such
officer or employee outside the continental United States,
where such illness or injury occurs through circumstances
directly related to the duties or duty station of such
officer or employee: Provided, That such illness or injury
is not the result of vicious habits, intemperance, or mis-
conduct on the part of such persons.
(3) 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
is employed to warrant such a station.
(4) The Director may provide for the periodic physical
examination of officers and employees of the Agency and for
dependents and for the cost of administering inoculations or
vaccinations to such officers or employees and their dependents.
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(f) 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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(g) In accordance with such regulations as the President may
prescribe and notwithstanding the provisions of Section 1765 of the
revised statutes (5 U.S.C. 70), the Director is authorized to grant
to any officer or employee of the Agency:
(1) allowances, whenever Government owned or rented
quarters are not available at a post outside the continental
United States, 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:
(2) cost-of-living allowances whenever --
(A) the cost of living at a post outside the continental
United States 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 other-
wise compensated for are incurred by an officer or employee
of the Agency incident to the establishment of his residence
at any post of assignment outside the continental United States
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or at a post of assignment in the continental United
States between assignments to posts outside the
continental United States;
(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 outside the
continental United States 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 outside
the continental United States, 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 where
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
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to him shall be reduced accordingly; no allowance
shall be paid under this subparagraph for a dependent
for whom a travel allowance has been paid under
subsection 5(a)(8):
(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 com-
pensation 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.
(h) Amounts received as allowances pursuant to the provisions
of Section 5(g)(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.
(i) (1) Under such regulations as the Director may prescribe,
the Agency shall have authority out of appropriations made
available to it to pay the sum of $1,000.00 as a death gratuity
immediately upon official determination of the death of any
officer or employee of the Agency. The payment of the death
gratuity authorized by this subsection shall be in addition
to other benefits to which the dependents or the estate of the
deceased may be entitled under any other provision of law.
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(2) The death gratuity authorized by this subsection
shall be paid to or for the living survivor or survivors of the
deceased officer or employee designated by the officer or
employee from one of the classes listed below or in the absence
of any designation to the living survivor or survivors of such
officer or employee first listed below4
(3)
(A) Spouse.
(B) Children (without regard to their age or
maxital status) in equal shares.
(C) Any dependent or dependents of the deceased
in equal shares.
(D) Parents in equal shares.
(E) Brothers and sisters (including those of the
half blood and those through adoption) in
equal shares.
If a survivor dies before receiving the amount to
which entitled under this subsection, such amount shall be
paid to the then living survivor or survivors first listed
under subsection (i)(2).
(4) The payments made under the provisions of this
subsection shall not be assignable, shall be exempt from
taxation, shall be exempt from the claims of creditors,
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including any claim of the United States, and shall not be
subject to attachment, levy, or seizure by or under any
legal or equitable process whatever either before or after
receipt by the payee.
(5) No certifying or disbursing officer shall be
liable for any amounts erroneously paid or overpaid under
this subsection to a woman as a "spouse" or to a person as
a "child." in the absence of fraud, gross negligence, or
criminality on the part of such officer.
(6) The Director may waive the recovery of any such
erroneous payment or overpayments when such recovery would
be against equity and good conscience.
(7) The determination of the Director as to dependency
under subsection (i)(2)(C) shall be conclusive upon the
General Accounting Office.
SECTION 3? Section 6(f)(l) of such Act is amended by striking
out "fifteen" and inserting in lieu thereof the following: "thirty-five".
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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 subsection (g) which shall road as
follows:
(6) Make payments without regard to section 3683
of the Revised Statutes (31 U.S*C. 529), when made --
in compliance with the laws of foreign
countries or their ministerial regulations, and
(2) for rent in foreign countries for such
period as may be necessary to accord with local custom.
SECTION 5., Such act is amended by inserting a new Section 9
which shall read as follows:
Section 9. (a) For the purpose of computing eligibility
for retirement and the amount of the annuity under the Civil
Service Retirement Act (Act of 22 May 1920, as amended,
5 U.S.C. 691) each year of service outside the continental
United States as an employee of the Agency after 18 September
1947 shall be credited as one and one half years of service
and each such year shall serve to lower the retirement ages
prescribed in the Civil Service Retirement Act by six months:
Provided, That voluntary retirement shall not be allowed until
such persons shall have reached 50 years of age. Such
additional credits shall be granted proportionately for
fractional years of service.
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(b) No annuity paid under the Civil Service Retirement
Act shall be reduced solely because the annuitant has
retired at an age lowered in accordance with the provisions
of subsection (a) of this Section. The base age provided by
the Civil Service Retirement Act for computing a percentage
reduction in annuities shall be reduced by the same amount
as the reduction in retirement age made in accordance with
subsection (a) of this Section,
SECTION 6. Section lO(a)(1) of such Act is amended by inserting
"Chapter 171 of" immediately before "28 U.S.C."
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