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Department of State Standardized Regulations - (Last updated 05/01/2005) 

010 AUTHORITIES 

011 Authority for Issuance (Last updated 1/14/01)

 

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 (Last updated 4/26/1998)

 

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 his/her 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 he/she may deem necessary for the guidance of his/her 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 in addition to or in lieu of those authorized in these regulations.