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H. To Add, Inter Alia, Section 22 to the Administrative Expenses

Act of 1946, as Amended

(74 Stat. 792)

This act was the result of the enactment of H.R. 7758, 86th Congress. It was approved on September 6, 1960, as Public Law 86–707, 86th Congress. The text of the act appears in volume 74, Statutes at Large, page 792. Its provisions amend 5 U.S.C. 5913(b) (1) (2), 5724–5727; 22 U.S.C. 287e.

LEGISLATIVE HISTORY OF PUBLIC LAW 707, 86TH CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 105, Congressional Record) H.R. 7758: To improve the administration of overseas activities of the Government of the United States. Mr. Morrison; Committee on Post Office and Civil Service, 10998. Reported with amendment (H. Rept. 902), 15916. Debated, 18432. Rules suspended, amended and passed House, 18589. Referred to Senate Committee on Post Office and Civil Service, 18702.

(Page citations are to vol. 106, Congressional Record) Reported with amendments (S. Rept. 1647), 13703. Passed over, 14670. Amended and passed Senate, 15666. House concurs in Senate amendment, 17863. Examined and signed, 18482, 18920. Presented to President, 18921. Approved (Public Law 707), 19166.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS

RELATING TO PUBLIC LAW 707, 86TH CONGRESS

House Report 902, 86th Congress, 12163.
Senate Report 1647, 86th Congress, 2236.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 707,

86TH CONGRESS

Senate Committee on Post Office and Civil Service, 86th Congress: Providing uniformity in oversea differentials and rotation of civilian employees in oversea posts, June 2, 1960, on H.R. 7758 and H.R. 10695.

42-247 0.75 - 3

AN ACT

74 STAT. 792. To improve the administration of overseas activities of the Government of the

United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That titles I to V, Overseas difinclusive, of this Act may be cited as the “Overseas Differentials and rerententials Allowances Act”.

and Allowances

Act.
TITLE I-PURPOSE AND DEFINITIONS

PART A-PURPOSE
Sec. 101. The Congress hereby declares that it is the purpose of this
Act to improve and strengthen the administration of overseas ac-
tivities of the Government by-

(1) providing a means for more effectively, compensating Government employees for the extra costs and hardships' incident to their assignments overseas,

(2) providing for the uniform treatment of Government employees stationed overseas to the extent justified by relative conditions of employment,

(3) establishing the basis for the more efficient and equitable administration of the laws compensating Government employees for the extra costs and hardships incident to their assignments overseas, and

(4) facilitating for the Government the recruitment and re-. tention of the best qualified personnel for civilian service over

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Sec. 111. As used in this title, title II, and section 522 of title V, the term

(1) “Government” means the Government of the United States of America;

(2) "Government agency” means (A) each executive department of the Government, (B) each independent establishment or agency in the executive branch of the Government, including each corporation wholly owned (either directly or through one or more corporations) by the Government, (C) the General Accounting Office, and (D) the Library of Congress;

(3). "Employee" means an individual employed in the civilian servo, ice of a Government agency and more specifically defined in regulations prescribed by the President, but including ambassadors, ministers, and officers of the Foreign Service of the United States under the Department of State;

(4) “United States”, when used in a geographical sense, means the several States of the United States of America and the District of Columbia;

(5) “Continental United States” means the several States of the United States of America, excluding Alaska and Hawaii but including the District of Columbia; and

(6) "Foreign area" means any area (including the Trust Territory of the Pacific Islands) situated outside the United States, the Commonwealth of Puerto Rico, the Canal Zone, and the possessions of the United States.

74 STAT. 793.

TITLE II-ALLOWANCES AND DIFFERENTIALS IN

FOREIGN AREAS

PART A-GENERAL PROVISIONS SEC. 201. Notwithstanding section 1765 of the Revised Statutes (5 U.S.C. 70), the allowances and differentials provided by this title are authorized for and may be granted only to an employee officially stationed in a foreign area unless otherwise provided in this titlo

(1) who is a citizen of the United States, and

(2) whose rate of basic compensation is fixed by statuto or, without taking into consideration the allowance and differentials provided by this title, is fixed by administrative action pursuant to law or is fixed administratively in conformity with rates paid by the Government for work of a comparable level of difficulty

and responsibility in the continental United States, except that such allowances and differentials may be paid to an employee officially stationed in a foreign area who is not a citizen of the United States to the extent that the payment of such allowances and differentials to such noncitizen employee is authorized by any pro vision of law other than this title.

Sec. 202. Allowances granted under this title may be paid in advance, or advance of funds may be made therefor, through the proper disbursing officer in such sums as may be deemed advisable in consideration of the need and the period of time during which expenditures must be made in advance by the employee or employees. Any advance of funds not subsequently covered by allowances accrued to the employee or employees under this title shall be recoverable by the Government by setoff against accrued salary, pay, compensation, amount of retirement credit, or other amount duo from the Government to such employee or employees and by such other method as may be provided by law for the recovery of amounts owing to the Government.

The head of the Government agency concerned may, in accordance with regulations of the President, waive in whole or in part any right of recovery under this section, if it is shown that such recovery

would be against equity and good conscience or against the public interest.

SEC. 203. The allowances and differentials authorized by this title shall be paid in accordance with regulations prescribed by the President establishing rules governing payments thereof and the respective rates at which such payments

shall be made, the foreign areas, the groups of positions, and the categories of employees to which such rates shall apply, and other related matters.

Part B-QUARTERS ALLOWANCES Sec. 211. Whenever Government-owned or Government-rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted to such employee where applicable:

(1) A temporary lodging allowance for the reasonable cost of temporary quarters incurred by the employee and his family (A) for a period not in excess of three months after first arrival at a new post of assignment in a foreign area or a period ending with the occupation of residence quarters, whichever shall be shorter, and (B)

for a period of not more than one month immediately preceding final departure from the post subsequent to the necessary evacuation of residence quarters;

MA STAT. 194. (2). A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to the limitations of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); and

(3) Under unusual circumstances payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, 'incurred in initial repairs, alterations, and improvements to an employee's privately leased residence at a post of assignment in a foreign area, it such expenses are administratively approved in advance and if the duration and terms of the lease justiły payment of such expenses by the Government.

PART C—COST-OF-LIVING ALLOWANCES Sec. 221. The following cost-of-living allowances may be granted, where applicable to an employee in a foreign area :

(1) A post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in Washington, District of Columbia;

(2) A transfer allowance for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred by an employee incident to establishing himself at any post of assignment in a foreign area or at a post of assignment in the United States between assignments to posts in foreign areas;

(3) A separate maintenance allowance to assist an employee who is compelled, by reason of dangerous, notably unhealthful, or excessively adverse living conditions at his post of assignment in a foreign area or for the convenience of the Government, to meet the additional expense of maintaining, elsewhere than at such post, his wife or his dependents, or both;

(4) An education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred by reason of his service in any foreign area or foreign areas in providing adequate education for his dependents, as follows:

(A) An allowance not to exceed the cost of obtaining such elementary and secondary educational services as are ordinarily provided without charge by the public schools in the United States, plus, in those cases where adequate schools are not available at the employee's post, board and room, and periodic transportation between such post and the nearest locality, where adequate schools are available, without regard to the limitations of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); but the amount of the allowance granted shall be determined on the basis of the educational facility used;

(B) The travel expenses of dependents of an employee to and from a school in the United States to obtain an American secondary or undergraduate college education, not to exceed one trip each way for each dependent for the purpose of obtaining each type of education; but no allowance payments under subparagraph (A)

of this paragraph (4) shall be made for any dependent during the twelve months following his arrival in the United States for secondary education pursuant to authority contained in this subparagraph (B). Notwithstanding section 111(6) of this Act, travel expenses, for the purpose of obtaining undergraduate college education, may be authorized under this subparagraph (B), under such regulations as the President may prescribe, for dependents of employees who are citizens of the United States stationed in the Canal Zone.

74 STAT. 795.

PART D_Post DIFFERENTIAL SEC. 231. A post differential may be granted on the basis of condi tions of environment which differ substantially from conditions of environment in the continental United States and warrant additiona. compensation as a recruitment and retention incentive. Such differen tial also may be granted to any employee who is officially stationed in the United States and who is on extended detail in a foreign area Additional compensation paid as a post differential shall not in any instance exceed 25 per centum of the rate of basic compensation.

TITLE III-MISCELLANEOUS EXPENSES

PART A-STORAGE

Sec. 301. (a) Paragraphs (4) and (5) of section 911 of the Foreigi 60 Stat. 1026. Service Act of 1946 (22 U.S.C. 1136 (4) and (5)) are amended to

read as follows:

“(4) the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Service, wher he is absent from his post of assignment under orders, or wher he is assigned to a post to which he cannot take or at which he is unable to use such furniture and household and personal effects or when it is in the public interest or more economical to authorizı storage; but in no instance shall the weight or volume of the effects stored together with the weight or volume of thi effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law;

*(5) the cost of packing and unpacking, transporting to an from a place of storage, and storing the furniture and househol and personal effects of an officer or employee of the Service ii connection with assignment or transfer to a new post, from th date of his departure from his last post or from the date of hi: departure from his place of residence in the case of a new office or employee and for not to exceed three months after arrival a the new post, or until the establishment of residence quarters whichever shall be shorter; and, in connection with separatioi of an officer or employee of the Service, the cost of packing ano unpacking, transporting to and from a place of storage, and storing for a period not to exceed three months, his furniture and household and personal effects; but in no instance shall the weigh or volume of the effects stored together with the weight oi volume of the effects transported exceed the maximum limita tions fixed by regulations, when not otherwise fixed by law.” (b) Paragraphs (1) (D) and (E) of section 4 of the Central In telligence Agency Act of 1949 (63 Śtat. 209, 72 Stat. 337; 50 U.S.C 403e(a) (1) (D) and (E)) are amended to read as follows:

"D) pay the cost of packing and unpacking, transporting ti and from a place of storage, and storing the furniture and house hold and personal effects of an officer or employee of the Agency when he is absent from his post of assignment under orders, o when he is assigned to a post to which he cannot take or at whicl he is unable to use such furniture and household and persona effects, or when it is in the public interest or more economical to authorize storage; but in no instance shall the weight or volum of the effects stored together with the weight or volume of th effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law;

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