010 AUTHORITIES
011 Authority for
Issuance (Last updated 01/14/01)
Executive Order No. 10903 of January
9, 1961, No. 10970 of October 27, 1961, No. 10853 of November 27, 1959, No.
10982 of December 25, 1961, No. 11779 of April 19, 1974, No. 12228 of July 24,
1980, No. 12292 of February 23, 1981 and 12561 of July 1, 1986 authorized and
directed the Secretary of State to exercise the following described statutory
powers of the President:
a. the authority vested in
the President by 5 U.S.C. 5921(3), 5 U.S.C. 5922(b), 5 U.S.C. 5922(c) and 5
U.S.C. 5924(4)(B) to prescribe regulations defining the term
"employee" and governing: (1) certain waivers of recovery, (2) the payment
of allowances and differentials authorized by 5 U.S.C. 5921-5925 and 5928 and
certain other matters, the advances of pay authorized by 5 U.S.C. 5927 and (3)
travel expenses for dependents of certain employees;
b. the authority vested in
the President by 5 U.S.C. 5913 to prescribe regulations governing the allotment
of funds to posts in foreign countries to defray unusual expenses incident to
the operation and maintenance of official residences suitable for chief
representatives of the United States at such posts and to designate senior
officials of this Government in foreign areas;
c. the authority vested in
the President by Section 905 of the Foreign Service Act of 1980 to prescribe
regulations governing allowances in order to provide for the proper
representation of the United States by officers or employees of the Foreign
Service;
d. the authority vested in
the President by other provisions of law (including Section 235(1) of Title 38
of the United States Code) to prescribe regulations governing representation
allowances similar to those authorized by Section 905 of the Foreign Service
Act of 1980;
e. the authority vested in
the President by Sections 7(a) and 8(a) (1) and (2) of the Defense Department
Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 905(a) and 20
U.S.C. 906(a)(1) and (2), as amended, 20 U.S.C. 901 et seq.), to prescribe
regulations relating to quarters, quarters allowances, cost-of-living allowance
and post differential;
f. the authority vested in
the President by Section 3 of the Federal Civilian Employee and Contractor
Travel Expenses Act of 1985 (5 U.S.C. 5702) to establish maximum rates of per
diem allowances and reimbursements for the actual and necessary expenses of
official travel for employees of the Government in travel status at localities
in foreign areas as defined in 5 U.S.C. 5921;
g. the authority vested in
the President by 5 U.S.C. 5523(b), 5 U.S.C. 5523(a) and 5 U.S.C. 5527(a): (1)
to determine additional allowance payments that may be granted to employees as
necessary to offset the direct added expenses incident to an evacuation;
(2) to terminate payments of monetary amounts to or for the account of
employees; and (3) to coordinate the policies and procedures of the respective
departments in the executive branch under the law;
h. the authority vested in
the President by Section 9 of the United Nations Participation Act of 1945 (59
Stat. 619), as amended by Section 304 of P.L. 100-459 (102 Stat. 2208), to pay
a housing and subsistence expense allowance to U.S. delegates and alternates to
the United Nations General Assembly;
i. the authority vested in
the President by 5 U.S.C. 5922 as amended by Section 411 of P.L. 95-426 (92
Stat. 963)(new 5 U.S.C. 5926) to grant employees compensatory time off at
certain posts in foreign areas; and
j. the authority vested in
the President by Sections 235(6) and (7) of Title 38 to prescribe regulations
for certain relocation benefits for employees of the Veterans Administration.
012 Exercise of Authority (Last
updated 5/1/05 TL:SR 650)
The Secretary of State hereby
prescribes the following regulations governing allowances, differentials and
defraying of official residence expenses in foreign areas. These
regulations and any amendments and revisions to them shall govern:
a. granting of quarters
allowances, cost-of-living allowances, post differential, difficult to staff
incentive differential, and danger pay allowance authorized by 5 U.S.C.
5921-5925 and 5928 for employees defined in Section 040i and for employees
defined in Section 040j who may be authorized by other provisions of law to be
paid allowances and differentials;
b. allotment of funds to
defray official residence expenses authorized by 5 U.S.C. 5913;
c. granting of representation
allowances authorized by Section 905 of the Foreign Service Act of 1980, for
officers or employees of the Foreign Service, and similar allowances authorized
by other provisions of law (including Section 235(a)(2) of Title 38 of the
United States Code) for employees (Section 040i) other than employees
of the Foreign Service unless authority to prescribe
regulations for such employees under any such act has been vested in, or
specifically delegated to, someone other than the Secretary of State;
d. granting of quarters
allowances, cost-of-living allowances and post differential authorized by
Section 7(a) and 8(a)(1) and (2) of the Defense Department Overseas Teachers
Pay and Personnel Practices Act (20 U.S.C. 905(a) and 20 U.S.C. 906(a)(1) and
(2), as amended 20 U.S.C. 901 et seq.);
e. maximum rates of per
diem allowances and reimbursements for the actual and necessary expenses of
official travel for employees of the Government for travel in foreign areas as
authorized by 5 U.S.C. 5702;
f. the payment of
compensation, post differential and allowances in the event of an emergency
evacuation of employees or their EFMs, or both, from duty stations for military
or other reasons or because of imminent danger to their lives(5 U.S.C.
5521-5527);
g. the payment of a housing and
subsistence expense allowance to U.S. delegates and alternates to the United
Nations General Assembly as authorized by Section 9 of the United Nations
Participation Act of 1945, as amended (59 Stat. 619);
h. granting of
compensatory time off to employees at certain posts in foreign areas authorized
by 5 U.S.C. 5926;
i. granting of relocation
allowances authorized 38 U.S.C. 707(a)(6) and (7) for the Veterans
Administration; and (eff. 5/1/05 TL:SR 650)
j. advances of pay to
employees entering foreign area assignments authorized by 5 U.S.C. 5927.
013 Authority of Head of
Agency (Interim eff. 1/29/2020; Final eff. 3/15/2020 TL:SR 990)
When authorized by law, the head
of an agency may defray official residence expenses for, and grant post
differential, difficult to staff incentive differential, danger pay allowance,
quarters, cost-of-living, representation allowances, compensatory time off at
certain posts and advances of pay to an employee of their agency and require an
accounting therefor, subject to the provisions of these regulations and the
availability of funds. Within the scope of these regulations, the head of
an agency may issue such further implementing regulations as they may deem
necessary for the guidance of their agency with regard to the granting of and
accounting for these payments. Furthermore, when the Secretary of State
determines that unusual circumstances exist, the head of an agency may grant
special quarters, cost-of-living, and representation allowances as well as
payments during ordered/authorized departure in addition to or in lieu of those
allowances or payments otherwise authorized in these regulations.