
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC403e]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 403e. Central Intelligence Agency personnel; allowances and 
        benefits
        

(a) Travel, allowances, and related expenses for officers and employees 
        assigned to duty stations outside United States

    Under such regulations as the Director may prescribe, the Agency, 
with respect to its officers 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 
    authorized 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 authorized home leave; or 
    otherwise traveling in accordance with authority granted pursuant to 
    the terms of sections 403a to 403s of this title or any other Act;
        (C) pay the cost of transporting the furniture and household and 
    personal effects of an officer or employee of the Agency to his 
    successive posts of duty and, on the termination 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 
    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 authorize storage; 
    but in no instance shall the weight or volume of the effects stored 
    together with the weight or volume of the effects transported exceed 
    the maximum limitations 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 departure 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 residence 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 instance shall the weight or volume 
    of the effects stored together with the weight or volume of the 
    effects transported exceed the maximum limitations fixed by 
    regulations, when not otherwise fixed by law.\1\
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    \1\ So in original. The period probably should be a semicolon.
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        (F) pay the travel expenses and transportation costs incident to 
    the removal of the members of the family of an officer or employee 
    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 effects 
    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 travel of personnel, 
    their dependents, and transportation of their household goods and 
    personal effects, involving a change of permanent station, to the 
    appropriation for the fiscal year current when any part of either 
    the travel 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 travel 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 officer or employee of the Agency who was a 
    resident of the United States (as described above) at time of 
    employment, upon completion 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) \2\ 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; and the time of such work 
    or duty shall not be counted as leave.
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    \2\ See Codification note below.
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        (C) Where an officer or employee on leave returns to the United 
    States (as described in paragraph (3)(A) of this subsection),\2\ 
    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 officer 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 necessary or expedient for all or any part of the 
    distance between points of origin and destination, and pay the costs 
    of such transportation. Not more than one motor vehicle of any 
    officer or employee of the Agency may be transported under authority 
    of this paragraph during any four-year period, except that, as a 
    replacement for such motor vehicle, one additional motor vehicle of 
    any such officer or employee may be so transported during such 
    period upon approval, in advance, by the Director and upon a 
    determination, in advance, by the Director that such replacement is 
    necessary for reasons beyond the control of the officer or employee 
    and is in the interest of the Government. After the expiration of a 
    period of four years following the date of transportation 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 Columbia, 
    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 paragraph.
        (5)(A) In the event of illness or injury requiring 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 clinic, 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 locality 
    where a suitable hospital or clinic exists and on the recovery of 
    such officer or employee pay for the travel expenses of the return 
    to the post of duty of such officer or employee. 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 personnel 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 employee 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 examination of officers 
    and employees of the Agency and for the cost of administering 
    inoculation or vaccinations to such officers or employees.
        (6) Pay the costs of preparing and transporting 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 
    payable had the destination been the home or official 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 residences at the time of appointment or a point not 
    more distant: Provided, That such appointees agree in writing to 
    remain with the United States Government for a period of not less 
    than twelve months from the time of appointment.
        Violation of such agreement for personal convenience of an 
    employee or because of separation 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 requirements; persons detailed or assigned from 
        other agencies; regulations

    (1) The Director may pay to officers and employees of the Agency, 
and to persons detailed or assigned to the Agency from other agencies of 
the Government or from the Armed Forces, allowances and benefits 
comparable to the allowances 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 benefits related to 
officially authorized travel, personnel and physical security 
activities, operational 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 
allowances and benefits is necessary to meet the special requirements of 
work related to such activities. 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 authorized by section 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 relating to the officially authorized travel of 
Government employees, the Director, in order to reflect Agency 
requirements not taken into account in the formulation of Government-
wide travel procedures, may by regulation--
        (A) authorize the travel of officers and employees 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 intelligence functions, and
        (B) provide for payment for such travel, in classes of cases, as 
    determined by the Director, in which such travel is important to the 
    performance of intelligence functions.

    (4) Members of the Armed Forces may not receive benefits under both 
this section and title 37 for the same purpose. The Director and 
Secretary of Defense shall prescribe joint regulations to carry out the 
preceding sentence.
    (5) Regulations issued pursuant to this subsection shall be 
submitted to the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate before such regulations take effect.

(June 20, 1949, ch. 227, Sec. 4, formerly Sec. 5, 63 Stat. 209; 
renumbered Sec. 4, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 
337; amended Pub. L. 86-707, title III, Secs. 301(b), 323, title V, 
Sec. 511(a)(3), (c)(2)-(5), Sept. 6, 1960, 74 Stat. 795, 798, 800, 801; 
Pub. L. 97-89, title V, Sec. 501, Dec. 4, 1981, 95 Stat. 1152; Pub. L. 
103-359, title IV, Sec. 401, Oct. 14, 1994, 108 Stat. 3427.)

                       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, as amended. Chapter 9 of 
title I of the Foreign Service Act of 1980 is classified generally to 
subchapter IX (Sec. 4081 et seq.) of chapter 52 of Title 22, Foreign 
Relations and Intercourse. For complete classification of this Act to 
the Code, see Short Title note set out under section 3901 of Title 22 
and Tables.

                          Codification

    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, Sec. 501, 
Dec. 4, 1981, 95 Stat. 1152.
    Section was enacted as part of the Central Intelligence Agency Act 
of 1949, and not as part of the National Security Act of 1947 which 
comprises this chapter.


                               Amendments

    1994--Subsec. (a)(5)(A). Pub. L. 103-359, Sec. 401(1)(A)-(D), struck 
out ``, not the result of vicious habits, intemperance, or misconduct on 
his part,'' after ``the Agency'' 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 recovery''.
    Pub. L. 103-359, Sec. 401(1)(E), which directed the substitution 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, Sec. 401(2), substituted ``the 
opinion of the Director'' for ``his opinion'' in two places.
    Subsec. (a)(5)(C). Pub. L. 103-359, Sec. 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, Sec. 323(a), substituted ``duty stations 
outside the several States of the United States of America, excluding 
Alaska and Hawaii, but including the District of Columbia'' for 
``permanent-duty stations outside the continental United States, its 
territories, and possessions'' in opening provisions, and struck out 
subsec. (a) designation.
    Par. (1)(A). Pub. L. 86-707, Sec. 511(c)(2), substituted ``pursuant 
to authorized home leave'' for ``pursuant to orders issued by the 
Director in accordance with the provisions of subsection (a)(3) of this 
section with regard to the granting of home leave''.
    Par. (1)(D). Pub. L. 86-707, Sec. 301(b), authorized payment of cost 
of packing and unpacking and transporting to and from a place of 
storage, extended authority 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, empowered Director to pay storage costs when it is in 
the public interest or more economical to authorize storage, 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, Sec. 301(b), authorized payment of cost 
of packing and unpacking and transporting to and from a place of 
storage, permitted payment from date of departure from officer's or 
employee's last post or from date of departure from place of residence 
in the case of a new officer or employee, empowered 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, Sec. 511(c)(3), substituted ``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 officer or 
employee of the Agency who was a resident of the United States (as 
described above) at time of employment, upon completion of two years' 
continuous service abroad, or as soon as possible thereafter'' for ``to 
the 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 Officers 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 Territories and possessions at time 
of employment, upon completion of two years' continuous service abroad, 
or as soon as possible thereafter: Provided, That such officer 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, Sec. 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 
``continental 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, Sec. 511(c)(5), substituted ``returns 
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, Sec. 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 vehicle for replacement either during the four-year 
period or after expiration of four years following date of 
transportation of a motor vehicle of any officer or employee who has 
remained in continuous service outside the several States, excluding 
Alaska and Hawaii, but including the District of Columbia, for such 
period.
    Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (b) which 
authorized Director to grant allowances in accordance with provisions of 
section 1131(1), (2) of Title 22, Foreign Relations and Intercourse. See 
pars. (1)(D) and (1)(E) of this section.


                    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.


   Clarification of Terms Applied to Furniture, Household Goods, and 
                   Personal Effects in 1960 Amendment

    Section 301(d) of Pub. L. 86-707 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 Relations and 
Intercourse], and the Central Intelligence Agency Act of 1949, as 
amended [amending this section], and the term `household goods and 
personal effects', 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 household and personal effects', and the President, with 
respect to the term `household goods and personal effects', 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.''
    Section 301(d) of Pub. L. 86-707 was repealed by Pub. L. 89-554, 
Sec. 8(a), Sept. 6, 1966, 80 Stat. 661, insofar as it is applicable to 
the Administrative Expenses Act of 1946, as amended.

                        Executive Order No. 10100

    Ex. Ord. No. 10100, Jan. 28, 1950, 15 F.R. 499, which provided for 
regulations governing the granting of allowances by the Director of the 
Central Intelligence Agency 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 403a, 403f of this title.
