
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5921]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
          SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
 
Sec. 5921. Definitions

    For the purpose of this subchapter--
        (1) ``Government'' means the Government of the United States;
        (2) ``agency'' means an Executive agency and the Library of 
    Congress, but does not include a Government controlled corporation;
        (3) ``employee'' means an employee in or under an agency and 
    more specifically defined by regulations prescribed by the 
    President;
        (4) ``United States'', when used in a geographical sense, means 
    the several States and the District of Columbia;
        (5) ``continental United States'' means the several States and 
    the District of Columbia, but does not include Alaska or Hawaii; and
        (6) ``foreign area'' means--
            (A) the Trust Territory of the Pacific Islands; and
            (B) any other area outside the United States, the 
        Commonwealth of Puerto Rico, the Canal Zone, and territories and 
        possessions of the United States.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 510.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3032.                Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    111, 74 Stat. 792.
------------------------------------------------------------------------

    In paragraph (1), the words ``of America'' are omitted as 
unnecessary.
    In paragraph (2), the word ``agency'' is substituted for 
``Government agency''. The term ``Executive agency'' is substituted for 
the reference to ``each executive department of the Government, 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''. The exception of 
``a Government controlled corporation'' is added to preserve the 
application of this subchapter to corporations wholly owned by the 
Government.
    In paragraph (3), the word ``employee'' is substituted for 
``individual in the civilian service'' in view of the definition of 
``employee'' in section 2105. Reference to ``ambassadors, ministers, and 
officers of the Foreign Service under the Department of State'' is 
omitted as included in the definition of ``employee''.
    In paragraph (4), the words ``of the United States of America'' are 
omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    For definition of Canal Zone, referred to in text, see section 
3602(b) of Title 22, Foreign Relations and Intercourse.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                     Limitation on Housing Benefits

    Pub. L. 101-246, title I, Sec. 156, Feb. 16, 1990, 104 Stat. 46, 
provided that:
    ``(a) In General.--The Secretary of State shall establish and 
implement an appropriate housing policy and space standards in 
consultation with all agencies with employees outside the United States 
who are under the authority of the chief of mission or with other 
agencies or employees who participate in the overseas housing program. 
Such policy may not provide housing or related benefits based solely on 
the representational status of the employee, except if such individual 
is the ambassador, deputy chief of mission, permanent charge, or the 
consul general when serving as the principal officer.
    ``(b) Waiver.--The Secretary of State may grant exceptions to the 
restriction on providing housing or related benefits on a 
representational basis under subsection (a) on a case-by-case basis 
where a documented need for such exception is established. The Secretary 
of State shall prepare a comprehensive list annually of all such 
exceptions granted under this subsection.''


Amendment, Modification, or Supersedure of Provisions Inconsistent With 
              the Overseas Differentials and Allowances Act

    Section 511(b) of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 800, 
Overseas Differentials and Allowances Act, provided that: ``Any 
provision of law which is not repealed by subsection (a) of this section 
but is inconsistent with any provision of this Act or of any amendment 
made by this Act [enacting chapter 37 of former title 5 (now covered by 
this subchapter), amending other sections as shown in the Tables, and 
enacting provisions set out as notes under this section and section 912 
of Title 26, Internal Revenue Code] shall be held and considered to be 
amended, modified, or superseded to the extent necessary to carry out 
the purposes of and conform to such provision of this Act or of such 
amendment.''


                             Appropriations

    Section 501(a) of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 800, 
Overseas Differentials and Allowances Act, provided that: ``There are 
hereby authorized to be appropriated such sums as may be necessary to 
carry out the purposes of this Act and the amendments made by this Act 
[enacting chapter 37 of former title 5 (now covered by this subchapter), 
amending other sections as shown in the Tables, and enacting provisions 
set out as notes under this section and section 912 of Title 26, 
Internal Revenue Code].''


  References to Provisions Affected by the Overseas Differentials and 
                             Allowances Act

    Section 521 of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 802, Overseas 
Differentials and Allowances Act, provided that: ``Whenever reference is 
made in any other law or in any regulation to any provision of law which 
is repealed, modified, amended, or superseded by reason of section 511 
of this Act [repealing sections 170g(b), 170r, and 170s of former title 
5, sections 888, 1132, 1133 and 1136(9) of Title 22, Foreign Relations 
and Intercourse, and sections 403a(d) and 403e(b) of Title 50, War and 
National Defense, amending section 118a of former title 5, section 1131 
of Title 22, and sections 403a(c) and 403e(1)(A), (3) (A-C) of Title 50, 
and enacting provisions set out as a note under this section], such 
reference, unless inconsistent with this Act shall be held and 
considered to refer to this Act or the appropriate provision of, or 
amendment made by, this Act.''


   Transitional Provisions for Payment of Allowances and Differentials

    Section 522 of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 802, Overseas 
Differentials and Allowances Act, provided that: ``Notwithstanding any 
provision of this Act [enacting chapter 37 of former title 5 (now 
covered by this subchapter), amending other sections as shown in the 
Tables, and enacting provisions set out as notes under this section and 
section 912 of Title 26, Internal Revenue Code] and until such time as 
regulations are issued under this Act, employees shall continue to be 
paid allowances and differentials in accordance with rules and 
regulations issued pursuant to the laws in effect immediately prior to 
the enactment of this Act [Sept. 6, 1960] and such rules and regulations 
may be amended or revoked in accordance with the provision of such 
laws.''

         Ex. Ord. No. 10903. Delegation of Regulatory Authority

    Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, as amended by Ex. 
Ord. No. 11228, June 14, 1965, 30 F.R. 7739; Ex. Ord. No. 11230, June 
28, 1965, 30 F.R. 8447; Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; 
Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292, 
Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 
34617, provided:
    By virtue of the authority vested in me by section 301 of title 3 of 
the United States Code, and various provisions of law cited in the body 
of this order, and as President of the United States, it is hereby 
ordered as follows:
    Section 1. The Secretary of State is hereby designated and empowered 
to perform the following-described functions without the approval, 
ratification, or other action of the President:
    (a) The authority vested in the President by section 5921(3) of 
title 5, United States Code, to prescribe regulations defining the term 
``employee''.
    (b) The authority vested in the President by subchapter III of 
chapter 59 of title 5 of the United States Code, to prescribe 
regulations, including the regulations referred to in sections 5922(b), 
5922(c), and 5924(4)(B) of that title (governing, respectively, (1) 
certain waivers of recovery, (2) the payment of allowances and 
differentials authorized by said subchapter and certain other matters, 
and (3) travel expenses for dependents of certain employees).
    (c) The authority vested in the President by section 5913 of title 5 
of the United States Code, (1) to prescribe regulations governing the 
allotment to posts in foreign countries, for the purpose stated in that 
section, of funds available to the departments for administrative 
expenses, and (2) to designate senior officials of this Government in 
foreign countries.
    (d) The authority vested in the President by other provisions of law 
(including section 235(2) [now 707(a)(2)] 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 (22 U.S.C. 4085).
    (e) The authority vested in the President by section 5912 of title 5 
of the United States Code to approve regulations prescribed by heads of 
agencies (under which employees who are citizens of the United States 
permanently stationed in foreign countries may be furnished, without 
cost to them, living quarters, including heat, fuel, and light, in 
government-owned or rented buildings).
    (f) [Repealed by Ex. Ord. No. 12292, Sec. 4(f), Feb. 23, 1981, 46 
F.R. 13967]
    (g) [Redesignated (e) by Ex. Ord. No. 12292, Sec. 4(f), Feb. 23, 
1981, 46 F.R. 13967]
    Sec. 2. (1) [Superseded by Ex. Ord. No. 11230, Sec. 2(8). June 28, 
1965, 30 F.R. 8447]
    Sec. 2. (2) [Superseded by Ex. Ord. No. 11228, Sec. 3(5), June 14, 
1965, 30 F.R. 7739]
    Sec. 3. That portion of section 2 of Executive Order No. 10624 of 
July 28, 1955 [set out as a note under section 1762 of Title 7, 
Agriculture], which precedes the proviso thereof, is hereby amended to 
read as follows:
    ``Sec. 2. In addition to rules and regulations, pertaining to 
allowances and benefits, otherwise applicable to personnel assigned 
abroad under Title VI of the Act of August 28, 1954 [chapter 43 of Title 
7, Agriculture], there shall be applicable to the personnel rules and 
regulations prescribed by the Secretary of State in pursuance of (1) so 
much of the authority vested in the President by Title II of the 
Overseas Differentials and Allowances Act [sections 5922-5925, of this 
title], or by any amendment thereof, as relates to quarters allowances 
of cost-of-living allowances, and (2) so much of the authority vested in 
the President and the Secretary of State by Title IX of the Foreign 
Service Act of 1946 [subchapter IX of chapter 14 of Title 22, Foreign 
Relations and Intercourse], or by any amendment thereof, as relates to 
allowances and benefits under the said Title IX [subchapter IX of 
chapter 14 of Title 22.]:''
    Sec. 4. (a) Section 2 of Executive Order No. 10853 of November 27, 
1959, is hereby amended to read as follows:
    ``Sec. 2. The Secretary of State is hereby authorized and directed 
to exercise the following-described statutory powers of the President:
    ``(a) That part of the functions vested in the President by section 
7(a) of the Defense Department Overseas Teachers Pay and Personnel 
Practices Act (73 Stat. 216; 5 U.S.C. 2355(a)) [section 905(a) of Title 
20, Education] which consists of authority to prescribe regulations 
relating to quarters and quarters allowance.
    ``(b) The authority vested in the President by section 8(a)(1) of 
the Defense Department Overseas and Teachers Pay and Personnel Practices 
Act (73 Stat. 216; 5 U.S.C. 2356(a)(1)) [section 906(a)(1) of Title 20, 
Education] to prescribe regulations relating to cost-of-living 
allowances.
    ``(c) The authority vested in the President by section 235(a) [now 
707(a)(5)] of title 38 of the United States Code to prescribe rules and 
regulations with respect to allowances and benefits similar to those 
provided for in section 941 of the Foreign Service Act of 1946, as 
amended (22 U.S.C. 1156).''
    (b) The reference in section 1 of Executive Order No. 10853 of 
November 27, 1959, to the regulations contained in Executive Order No. 
10000 of September 16, 1948, shall be deemed to include a reference to 
the corresponding regulations prescribed in pursuance of the provisions 
of this order.
    Sec. 5. (a) The following-described Executive order and parts 
thereof are hereby revoked, subject to the provisions of section 5(b) of 
this order:
    1. Parts I, III, IV, and V of Executive Order No. 10000 of September 
16, 1948.
    2. Executive Order No. 10011 of October 22, 1948.
    3. Executive Order No. 10085 of October 28, 1949.
    4. Executive Order No. 10100 of January 28, 1950.
    5. Executive Order No. 10187 of December 4, 1950.
    6. Executive Order No. 10261 of June 27, 1951.
    7. Executive Order No. 10313 of December 14, 1951.
    8. Executive Order No. 10391 of September 3, 1952.
    9. Executive Order No. 10503 of December 1, 1953.
    10. Executive Order No. 10623 of July 23, 1955.
    11. Section 1 and, to the extent that it pertains to Executive Order 
No. 10000, section 3 of Executive Order No. 10636 of September 16, 1955.
    (b) Existing rules and regulations prescribed in or pursuant to the 
Executive order provisions revoked by section 5(a) of this order, other 
existing rules and regulations pertaining to allowances, differentials, 
and other benefits corresponding to those authorized by the provisions 
of law referred to in this order and actions heretofore taken in 
pursuance of any thereof shall remain in effect until hereafter 
superseded in pursuance of the provisions of this order.
    Sec. 6. This order and such of the regulations prescribed by the 
Secretary of State, the Director of the Office of Management and Budget, 
and the Office of Personnel Management thereunder as the Secretary, 
Director, and Office shall, respectively, determine, shall be published 
in the Federal Register.

               Ex. Ord. No. 11137. Allowances and Benefits

    Ex. Ord. No. 11137, Jan. 7, 1964, 29 F.R. 223, as amended by Ex. 
Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095, provided:
    By virtue of the authority vested in me by section 301 of title 3 of 
the United States Code and by the various provisions of law cited in the 
body of this order, and as President of the United States it is ordered 
as follows:

          Part I--Allowances and Differentials in Foreign Areas

    Section 101. The term ``employee'', as defined in 5 U.S.C. 5921(3), 
is hereby further defined as including civilian employees, compensated 
from non-appropriated funds, of the instrumentalities of the United 
States under the jurisdiction of the armed forces covered by 5 U.S.C. 
2105(c).
    Sec. 102. The Secretary of each military department with respect to 
his department, and the Secretary of Transportation with respect to the 
Coast Guard when it is not operating as a service in the Navy, are 
hereby designated and empowered to exercise, without the approval, 
ratification, or other action of the President, the authority vested in 
the President by 5 U.S.C. 5922(c) to prescribe regulations governing 
payments of allowances and differentials in foreign areas to the extent 
that the said authority is in respect of employees referred to in 
section 101 of this order whose rates of basic compensation from 
nonappropriated funds are fixed in accordance with regulations 
prescribed by the Secretary concerned.
    Sec. 103. Regulations prescribed under authority delegated by the 
provisions of Section 102 hereof:
    (a) Shall, so far as practicable, be uniform.
    (b) In the case of regulations prescribed by the Secretaries of the 
military departments, shall require the approval of the Secretary of 
Defense.
    (c) Shall not, with respect to any locality, authorize allowances or 
differentials which exceed those prescribed under Executive Order No. 
10903 of January 9, 1961, [set out as a note under this section], for 
other employees of the United States in the same locality.
    Sec. 104. Executive Order No. 10903 of January 9, 1961, [set out as 
a note under this section], is hereby modified to the extent of the 
definition and the delegations of authority contained in Sections 101 
and 102 hereof.

     Part II--Cost of Living Allowances in Certain Non-Foreign Areas

    Sec. 201. The Secretary of Defense with respect to the military 
departments, and the Secretary of Transportation with respect to the 
Coast Guard when it is not operating as a service in the Navy, are 
hereby designated and empowered to exercise, without the approval, 
ratification, or other action of the President, the authority vested in 
the President by paragraph (2) of Section 912 of the Internal Revenue 
Code of 1986, as amended (26 U.S.C. 912(2)), to approve the regulations 
there contemplated to the extent that the said regulations are in 
respect of the payment of cost-of-living allowances to employees, 
compensated from nonappropriated funds, of instrumentalities of the 
United States under the jurisdiction of the armed forces covered by 5 
U.S.C. 2105(c), who are stationed outside the continental United States 
or in Alaska.
    Sec. 202. Regulations approved under authority delegated by the 
provisions of Section 201 hereof:
    (a) Shall, so far as practicable, be uniform.
    (b) Shall not apply to employees who are stationed in either the 
Canal Zone or in any ``foreign area'' as defined in 5 U.S.C. 5921(6).
    (c) Shall be limited to employees whose rates of basic compensation 
are fixed in conformity with rates paid by the Government for work of a 
comparable level of difficulty and responsibility to employees stationed 
in the continental United States, exclusive of Alaska.
    (d) Shall not, with respect to any locality, authorize allowances 
which exceed those prescribed under Executive Order No. 10000 of 
September 16, 1948, as amended, for other employees of the United States 
in the same locality.

                      Part III--General Provisions

    Sec. 301. All actions heretofore taken by the President or his 
delegate with respect to the matters affected by this order, and in 
effect at the time of the issuance of this order, including any 
regulations prescribed or approved by the President or his delegate with 
respect to such matters, shall, except as they are inconsistent with the 
provisions of this order, remain in effect until amended, modified, or 
revoked pursuant to appropriate authority.
    Sec. 302. This order, and the regulations prescribed or approved 
under the authority thereof, shall be published in the Federal Register.

                  Section Referred to in Other Sections

    This section is referred to in section 5924 of this title; title 22 
section 1474.
