50 U.S.C. § 3505 — Personnel allowances and benefits

Page 880 TITLE 50—WAR AND NATIONAL DEFENSE § 3504 1996—Subsec. (e). Pub. L. 104–106 struck out subsec. (e) which read as follows: ‘‘Notwithstanding subsection (e) of section 759 of title 40, the provisions of section 759 of title 40 relating to the procurement of automatic data processing equipment or services shall not apply with respect to such procurement by the Central Intel- ligence Agency.’’ 1982—Subsec. (e). Pub. L. 97–269 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702. EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–269, title VII, § 703, Sept. 27, 1982, 96 Stat. 1155, provided that: ‘‘The provisions of titles IV and V [enacting former section 202 of Title 10, Armed Forces, and amending this section] and of this title [which, ex- cept for enacting this note was not classified to the Code] shall become effective upon the date of the enact- ment of this Act [Sept. 27, 1982].’’ PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIP- MENT OR SERVICES; CONTRACTS MADE BEFORE SEP- TEMBER 27, 1982 Pub. L. 97–269, title V, § 502(b), Sept. 27, 1982, 96 Stat. 1145, provided that former subsec. (e) of this section did not apply to a contract made before Sept. 27, 1982. § 3504. Repealed. Pub. L. 85–507, § 21(b)(2), July 7, 1958, 72 Stat. 337 Section, act June 20, 1949, ch. 227, § 4, 63 Stat. 208, re- lated to education and training of officers and employ- ees. See section 4101 et seq. of Title 5, Government Or- ganization and Employees. Section was formerly classified to section 403d of this title and repealed prior to editorial reclassification and renumbering as this section. § 3505. Personnel allowances and benefits (a) Travel, allowances, and related expenses for officers and employees assigned to duty sta- tions outside United States Under such regulations as the Director may prescribe, the Agency, with respect to its offi- cers and employees assigned to duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, shall— (1)(A) pay the travel expenses of officers and employees of the Agency, including expenses incurred while traveling pursuant to author- ized home leave; (B) 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 author- ized home leave; or otherwise traveling in ac- cordance with authority granted pursuant to the terms of this chapter or any other Act; (C) pay the cost of transporting the fur- niture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termi- nation 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; (D) pay 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 Agency, when he is absent from his post of assignment under orders, or when he is as- signed 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 au- thorize storage; but in no instance shall the weight or volume of the effects stored to- gether with the weight or volume of the ef- fects transported exceed the maximum limita- tions fixed by regulations, when not otherwise fixed by law; (E) pay 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 Agency in connection with assignment or transfer to a new post, from the date of his de- parture from his last post or from the date of his departure, from his place of residence in the case of a new officer or employee and for not to exceed three months after arrival at the new post, or until the establishment of resi- dence quarters, whichever shall be shorter; and in connection with separation of an officer or employee of the Agency, the cost of packing and 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 in- stance shall the weight or volume of the ef- fects stored together with the weight or vol- ume of the effects transported exceed the max- imum limitations fixed by regulations, when not otherwise fixed by law; and (F) pay the travel expenses and transpor- tation costs incident to the removal of the members of the family of an officer or em- ployee 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 ef- fects 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. (2) Charge expenses in connection with trav- el of personnel, their dependents, and trans- portation of their household goods and per- sonal effects, involving a change of permanent station, to the appropriation for the fiscal year current when any part of either the trav- el or transportation pertaining to the transfer begins pursuant to previously issued travel and transfer orders, notwithstanding the fact that such travel or transportation may not all be effected during such fiscal year, or the trav- el and transfer orders may have been issued during the prior fiscal year. (3)(A) Order to any of the several States of the United States of America (including the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each of- ficer or employee of the Agency who was a resident of the United States (as described above) at time of employment, upon comple- Page 881 TITLE 50—WAR AND NATIONAL DEFENSE § 3505 1 See Codification note below. tion of two years’ continuous service abroad, or as soon as possible thereafter. (B) While in the United States (as described in paragraph (3)(A) of this subsection) 1 on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may pre- scribe; and the time of such work or duty shall not be counted as leave. (C) Where an officer or employee on leave re- turns to the United States (as described in paragraph (3)(A) of this subsection),1 leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States (as so described) and such time as may be necessarily occupied in awaiting transportation. (4) Notwithstanding the provisions of any other law, transport for or on behalf of an offi- cer or employee of the Agency, a privately owned motor vehicle in any case in which it shall be determined that water, rail, or air transportation of the motor vehicle is nec- essary or expedient for all or any part of the distance between points of origin and destina- tion, and pay the costs of such transportation. Not more than one motor vehicle of any offi- cer or employee of the Agency may be trans- ported under authority of this paragraph dur- ing any four-year period, except that, as a re- placement for such motor vehicle, one addi- tional motor vehicle of any such officer or em- ployee may be so transported during such pe- riod upon approval, in advance, by the Direc- tor and upon a determination, in advance, by the Director that such replacement is nec- essary for reasons beyond the control of the officer or employee and is in the interest of the Government. After the expiration of a pe- riod of four years following the date of trans- portation under authority of this paragraph of a privately owned motor vehicle of any officer or employee who has remained in continuous service outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Co- lumbia, during such period, the transportation of a replacement for such motor vehicle for such officer or employee may be authorized by the Director in accordance with this para- graph. (5)(A) In the event of illness or injury requir- ing the hospitalization of an officer or full time employee of the Agency incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clin- ic, pay the travel expenses of such officer or employee by whatever means the Director deems appropriate and without regard to the Standardized Government Travel Regulations and section 5731 of title 5, to the nearest local- ity where a suitable hospital or clinic exists and on the recovery of such officer or em- ployee pay for the travel expenses of the re- turn to the post of duty of such officer or em- ployee. If the officer or employee is too ill to travel unattended, the Director may also pay the travel expenses of an attendant; (B) Establish a first-aid station and provide for the services of a nurse at a post at which, in the opinion of the Director, sufficient per- sonnel is employed to warrant such a station: Provided, That, in the opinion of the Director, it is not feasible to utilize an existing facility; (C) In the event of illness or injury requiring hospitalization of an officer or full time em- ployee of the Agency 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; (D) Provide for the periodic physical exam- ination of officers and employees of the Agen- cy and for the cost of administering inocula- tions or vaccinations to such officers or em- ployees. (6) Pay the costs of preparing and trans- porting 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 pay- able had the destination been the home or offi- cial station. (7) 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 resi- dences at the time of appointment or a point not more distant: Provided, That such ap- pointees agree in writing to remain with the United States Government for a period of not less than twelve months from the time of ap- pointment. Violation of such agreement for personal convenience of an employee or because of sep- aration 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. (b) Allowances and benefits comparable to those paid members of Foreign Service; special re- quirements; persons detailed or assigned from other agencies; regulations (1) The Director may pay to officers and em- ployees of the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, al- lowances and benefits comparable to the allow- ances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law. (2) The Director may pay allowances and bene- fits related to officially authorized travel, per- sonnel and physical security activities, oper- ational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when payment of such al- lowances and benefits is necessary to meet the special requirements of work related to such ac- Page 882 TITLE 50—WAR AND NATIONAL DEFENSE § 3505 tivities. Payment of allowances and benefits under this paragraph shall be in accordance with regulations prescribed by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those au- thorized by sections 5724 and 5724a of title 5 when reimbursement is provided for relocation attributable, in whole or in part, to relocation within the United States. (3) Notwithstanding any other provision of this section or any other provision of law relat- ing to the officially authorized travel of Govern- ment employees, the Director, in order to reflect Agency requirements not taken into account in the formulation of Government-wide travel pro- cedures, may by regulation— (A) authorize the travel of officers and em- ployees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intel- ligence functions, and (B) provide for payment for such travel, in classes of cases, as determined by the Direc- tor, in which such travel is important to the performance of intelligence functions. (4) Members of the Armed Forces may not re- ceive benefits under both this section and title 37 for the same purpose. The Director and Sec- retary of Defense shall prescribe joint regula- tions to carry out the preceding sentence. (5) Regulations, other than regulations under paragraph (1), issued pursuant to this subsection shall be submitted to the Permanent Select Committee on Intelligence of the House of Rep- resentatives and the Select Committee on Intel- ligence of the Senate before such regulations take effect. (June 20, 1949, ch. 227, § 4, formerly § 5, 63 Stat. 209; renumbered § 4, Pub. L. 85–507, § 21(b)(2), July 7, 1958, 72 Stat. 337; amended Pub. L. 86–707, title III, §§ 301(b), 323, title V, § 511(a)(3), (c)(2)–(5), Sept. 6, 1960, 74 Stat. 795, 798, 800, 801; Pub. L. 97–89, title V, § 501, Dec. 4, 1981, 95 Stat. 1152; Pub. L. 103–359, title IV, § 401, Oct. 14, 1994, 108 Stat. 3427; Pub. L. 108–177, title IV, § 401, Dec. 13, 2003, 117 Stat. 2631; Pub. L. 118–31, div. G, title IX, § 7901(g)(1), Dec. 22, 2023, 137 Stat. 1107.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (b)(1), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chap- ter 9 of title I of the Act is classified generally to sub- chapter IX (§ 4081 et seq.) of chapter 52 of Title 22, For- eign Relations and Intercourse. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables. CODIFICATION Section was formerly classified to section 403e of this title prior to editorial reclassification and renumbering as this section. In subsec. (a)(3)(B), (C), ‘‘this subsection’’ substituted for ‘‘this section’’ as the probable intent of Congress in view of the designation of the existing provisions of this section as subsec. (a) and the addition of subsec. (b) by Pub. L. 97–89, title V, § 501, Dec. 4, 1981, 95 Stat. 1152. PRIOR PROVISIONS A prior section 4 of act June 20, 1949, was classified to former section 403d of this title prior to repeal by Pub. L. 85–507 and editorial reclassification and renumbering as section 3504 of this title. AMENDMENTS 2023—Subsec. (a)(1)(E). Pub. L. 118–31, § 7901(g)(1)(A), substituted ‘‘; and’’ for period at end. Subsec. (b)(2). Pub. L. 118–31, § 7901(g)(1)(B), sub- stituted ‘‘authorized by sections’’ for ‘‘authorized by section’’. 2003—Subsec. (b)(5). Pub. L. 108–177 inserted ‘‘, other than regulations under paragraph (1),’’ after ‘‘Regula- tions’’. 1994—Subsec. (a)(5)(A). Pub. L. 103–359, § 401(1)(A)–(D), struck out ‘‘, not the result of vicious habits, intem- perance, or misconduct on his part,’’ after ‘‘the Agen- cy’’ and substituted ‘‘the Director deems’’ for ‘‘he shall deem’’, ‘‘section 5731 of title 5’’ for ‘‘section 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U.S.C. 73b)’’, and ‘‘the recovery of such officer or employee’’ for ‘‘his re- covery’’. Pub. L. 103–359, § 401(1)(E), which directed the substi- tution of ‘‘the return to the post of duty of such officer or employee’’ for ‘‘his return to his post’’, was executed by making the substitution for ‘‘his return to his post of duty’’ to reflect the probable intent of Congress. Subsec. (a)(5)(B). Pub. L. 103–359, § 401(2), substituted ‘‘the opinion of the Director’’ for ‘‘his opinion’’ in two places. Subsec. (a)(5)(C). Pub. L. 103–359, § 401(3), struck out ‘‘, not the result of vicious habits, intemperance, or misconduct on his part,’’ after ‘‘the Agency’’. 1981—Pub. L. 97–89 designated existing provisions as subsec. (a) and added subsec. (b). 1960—Pub. L. 86–707, § 323(a), substituted ‘‘duty sta- tions outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia’’ for ‘‘permanent-duty sta- tions outside the continental United States, its terri- tories, and possessions’’ in opening provisions, and struck out subsec. (a) designation. Par. (1)(A). Pub. L. 86–707, § 511(c)(2), substituted ‘‘pur- suant to authorized home leave’’ for ‘‘pursuant to or- ders issued by the Director in accordance with the pro- visions of subsection (a)(3) of this section with regard to the granting of home leave’’. Par. (1)(D). Pub. L. 86–707, § 301(b), authorized pay- ment of cost of packing and unpacking and trans- porting to and from a place of storage, extended au- thority to pay storage costs for an officer or employee assigned to a post to which he cannot take or at which he is unable to use his furniture and household personal effects by striking out provisions which restricted such payment only to cases where an emergency exists, em- powered Director to pay storage costs when it is in the public interest or more economical to authorize stor- age, and limited weight or volume of effects stored or weight or volume of effects transported to not more than maximum limitations fixed by regulations, when not otherwise fixed by law. Par. (1)(E). Pub. L. 86–707, § 301(b), authorized pay- ment of cost of packing and unpacking and trans- porting to and from a place of storage, permitted pay- ment from date of departure from officer’s or employ- ee’s last post or from date of departure from place of residence in the case of a new officer or employee, em- powered Director to pay storage costs in connection with separation of an officer or employee from the Agency, and limited weight or volume of effects stored or weight or volume of effects transported to not more than maximum limitations fixed by regulations, when not otherwise fixed by law. Par. (3)(A). Pub. L. 86–707, § 511(c)(3), substituted ‘‘to any of the several States of the United States of Amer- ica (including the District of Columbia, the Common- wealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as described above) at time of employ- ment, upon completion of two years’ continuous service abroad, or as soon as possible thereafter’’ for ‘‘to the Page 883 TITLE 50—WAR AND NATIONAL DEFENSE § 3506 United States or its Territories and possessions on leave provided for in sections 30–30b of Title 5 [former Title 5, Executive Departments and Government Offi- cers and Employees], or as such sections may hereafter be amended, every officer and employee of the agency who was a resident of the United States or its Terri- tories and possessions at time of employment, upon completion of two years’ continuous service abroad, or as soon as possible thereafter: Provided, That such offi- cer or employee has accrued to his credit at the time of such order, annual leave sufficient to carry him in a pay status while in the United States for at least a thirty-day period’’. Par. (3)(B). Pub. L. 86–707, § 511(c)(4), substituted ‘‘United States (as described in paragraph (3)(A) of this section) on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe’’ for ‘‘conti- nental 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’’. Par. (3)(C). Pub. L. 86–707, § 511(c)(5), substituted ‘‘re- turns to the United States (as described in paragraph (3)(A) of this section)’’ for ‘‘returns to the United States or its Territories and possessions’’, and ‘‘from the United States (as so described)’’ for ‘‘from the United States or its Territories and possessions’’. Par. (4). Pub. L. 86–707, § 323(b), limited transportation of motor vehicles to one for any officer or employee during any four-year period, and empowered Director to approve transportation of one additional motor vehi- cle for replacement either during the four-year period or after expiration of four years following date of trans- portation of a motor vehicle of any officer or employee who has remained in continuous service outside the several States, excluding Alaska and Hawaii, but in- cluding the District of Columbia, for such period. Pub. L. 86–707, § 511(a)(3), repealed subsec. (b) which authorized Director to grant allowances in accordance with provisions of section 1131(1), (2) of Title 22, For- eign Relations and Intercourse. See pars. (1)(D) and (1)(E) of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces. IMPLEMENTATION OF COMPENSATION REFORM PLAN Pub. L. 108–177, title IV, § 405(c), Dec. 13, 2003, 117 Stat. 2633, required the Director of Central Intelligence to submit to the congressional intelligence committees a report on the compensation of Central Intelligence Agency employees participating in the pilot project under section 402(b) of Pub. L. 107–306, formerly set out below. Pub. L. 107–306, title IV, § 402, Nov. 27, 2002, 116 Stat. 2403, as amended by Pub. L. 108–177, title IV, § 405(a), Dec. 13, 2003, 117 Stat. 2632, delayed implementation of a compensation reform plan for Central Intelligence Agency employees, required the Director of Central In- telligence to conduct a pilot project to test the efficacy and fairness of the plan and to submit a report on the project to the congressional intelligence committees, and expressed the sense of Congress that the Director of the National Security Agency should delay imple- mentation of a compensation reform plan for National Security Agency employees and that an employee per- formance evaluation mechanism should be phased in before implementation of any new compensation plan at either Agency. CLARIFICATION OF TERMS APPLIED TO FURNITURE, HOUSEHOLD GOODS, AND PERSONAL EFFECTS IN 1960 AMENDMENT Pub. L. 86–707, title III, § 301(d), Sept. 6, 1960, 74 Stat. 796, provided that: ‘‘The term ‘furniture and household and personal effects’, as used in the amendments made by this part to the Foreign Service Act of 1946, as amended [amending section 1136 of Title 22, Foreign Re- lations and Intercourse], and the Central Intelligence Agency Act of 1949, as amended [amending this sec- tion], and the term ‘household goods and personal ef- fects’, as used in the amendments made by this part to the Administrative Expenses Act of 1946, as amended [amending section 73b–1 of former Title 5, Executive Departments and Government Officers and Employees], mean such personal property of an employee and the dependents of such employee as the Secretary of State and the Director of Central Intelligence, as the case may be, with respect to the term ‘furniture and house- hold and personal effects’, and the President, with re- spect to the term ‘household goods and personal ef- fects’, shall by regulation authorize to be transported or stored under the amendments made by this part to such Acts (including, in emergencies, motor vehicles authorized to be shipped at Government expense). Such motor vehicle shall be excluded from the weight and volume limitations prescribed by the laws set forth in this part.’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.] Pub. L. 86–707, title III, § 301(d), Sept. 6, 1960, 74 Stat. 796, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 661, insofar as it is applicable to the Adminis- trative Expenses Act of 1946, as amended. Executive Documents EXECUTIVE ORDER NO. 10100 Ex. Ord. No. 10100, Jan. 28, 1950, 15 F.R. 499, which pro- vided for regulations governing the granting of allow- ances by the Director of the Central Intelligence Agen- cy under this section, was revoked by section 5(a) of Ex. Ord. No. 10903, Jan. 9, 1961, 26 F.R. 217, set out under section 5921 of Title 5, Government Organization and Employees. § 3506. General authorities (a) In general In the performance of its functions, the Cen- tral Intelligence Agency is authorized to— (1) Transfer to and receive from other Gov- ernment agencies such sums as may be ap- proved by the Office of Management and Budg- et, for the performance of any of the functions or activities authorized under section 3036 of this title, and any other Government agency is authorized to transfer to or receive from the Agency such sums without regard to any pro- visions of law limiting or prohibiting transfers between appropriations. Sums transferred to the Agency in accordance with this paragraph may be expended for the purposes and under the authority of this chapter without regard to limitations of appropriations from which transferred; (2) Exchange funds without regard to section 3651 of the Revised Statutes; (3) Reimburse other Government agencies for services of personnel assigned to the Agen- cy, and such other Government agencies are authorized, without regard to provisions of