Federal Register

Executive Order 10000--Regulations governing additional compensation and credit granted certain employees of the Federal Government serving outside the United States

Source: The provisions of Executive Order 10000 of Sept. 16, 1948, appear at 13 FR 5453, 6075, 3 CFR, 1943-1948 Comp., p. 792, unless otherwise noted.

By virtue of the authority vested in me by section 207 of the Independent Offices Appropriation Act, 1949, approved April 20, 1948 (Public Law 491, 80th Congress), as amended by section 104 of the Supplemental Independent Offices Appropriation Act, 1949, approved June 30, 1948 (Public Law 862, 80th Congress), and by sections 303, 443, and 853 of the Foreign Service Act of 1946 (60 Stat. 1002, 1006, 1024), and as President of the United States, I hereby prescribe the following regulations (1) governing the payment of additional compensation to personnel of the United States employed outside the continental United States or in Alaska, under the provisions of the said section 207, as amended, (2) governing the payment of salary differentials to Foreign Service staff officers and employees serving at certain posts, pursuant to the said section 443, and (3) relating to unhealthful foreign posts, pursuant to the said section 853:

Part I--Additional Compensation in Foreign Areas

[Part I revoked by Executive Order 10903 of Jan. 9, 1961, 26 FR 217, 3 CFR, 1959-1963 Comp., p. 433]

Part II--Additional Compensation in Non-Foreign Areas

Sec. 201. Definition. As used in this Part, (a) the term "non-foreign areas" includes Alaska, Hawaii, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and such additional areas located outside the continental United States as the Secretary of State shall designate as being within the scope of the provisions of this Part, and (b) the words "section 207 of the Act" have the meaning set forth in section 101 hereof.

[Part title and sec. 201 amended by Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 202. Additional compensation by reason of environment. The Office of Personnel Management shall from time to time, subject to applicable law, (a) designate places in non-foreign areas having conditions of environment which differ substantially from conditions of environment in the United States and warrant additional compensation as a recruitment incentive, (b) fix for each such place the additional rate or rates of compensation to be paid by reason of such environment pursuant to section 207 of the Act, after giving due consideration to the degree of environmental difference, and (c) prescribe such further regulations, governing such compensation, as may be necessary. Additional compensation so fixed is hereafter in this Part referred to as "non-foreign area post differential."

[Sec. 202 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 203. Basis for non-foreign area post differential. The Office of Personnel Management may establish a non-foreign area post differential for any place in the territories when, and only when, the place involves any one or more of the following: (a) extraordinarily difficult living conditions, (b) excessive physical hardship, or (c) notably unhealthful conditions.

[Sec. 203 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 204. Persons eligible to receive non-foreign area post differential. (a) In order that an employee be eligible to receive a non-foreign area post differential under this Part, (1) he shall be a citizen or national of the United States, (2) his residence in the place to which the non-foreign area post differential applies, at the time of receipt thereof, shall be fairly attributable to his employment by the United States, and (3) his residence at such place over an appropriate prior period of time must not be fairly attributable to reasons other than employment by the United States or by United States firms, interests, or organizations.
(b) Subject to the provisions of section 204(a) hereof, the classes of persons eligible to receive the non-foreign area post differentials fixed pursuant to section 202 hereof shall include:
(1) Persons recruited or transferred from outside the area concerned.
(2) Persons employed in the area concerned but (a) who were originally recruited from outside such area and have been in substantially continuous employment by other Federal agencies, contractors of Federal agencies, or international organizations in which the U.S. Government participates, and whose conditions of employment provide for their return transportation to places outside the area concerned, or (b) who were at the time of employment temporarily present in the area concerned for purposes of travel or formal study and maintained residence outside such area during the period so present.
(3) Persons who are not normally residents of the area concerned and who are discharged from the military service of the United States in such area to accept employment therein with an agency of the Federal Government.

[Sec. 204 amended by Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 205. Additional living cost compensation. (a) The Office of Personnel Management shall from time to time, subject to applicable law, (1) designate places in non-foreign areas eligible to receive additional compensation by virtue of living costs that are substantially higher than in the Washington, D.C., area, (2) fix for each place so designated an additional rate or rates of compensation by reason of such higher living costs, and (3) prescribe by regulation such additional policies or procedures as may be necessary to administer such compensation. Additional compensation under this section is referred to as a `non-foreign area cost-of-living allowance'.
(b) In fixing the non-foreign area cost-of-living allowances, the Office of Personnel Management shall make appropriate deductions when quarters or subsistence, or commissary or other purchasing privileges are furnished as a result of Federal civilian employment at a cost substantially lower than the prevailing costs in the allowance area concerned.

[Sec. 205 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 206. Coordination. The Office of Personnel Management shall define the extent to which and the conditions under which an employee serving within the non-foreign areas may receive both a non-foreign area post differential and a non-foreign area cost-of-living allowance, pursuant to section 207 of the Act. In carrying out its functions under this Part the Office may take due notice of any special allowances, other than under section 207 of the Act, granted to personnel employed by the United States in non-foreign areas.

[Sec. 206 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 207. Agencies covered. Subject to the provisions of section 207 of the Act and of this Part, every Executive department, independent establishment, and wholly owned Government corporation shall pay (a) non-foreign area post differential fixed under section 202 hereof to each of its employees whose basic compensation is fixed by statute and who is located at the post for which that differential has been fixed, and (b) a non-foreign area cost-of-living allowance fixed under section 205 hereof to each of its employees whose basic compensation is fixed by statute and who is located at the post for which that allowance has been fixed.

[Sec. 207 amended by Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 208. Payment of non-foreign area post differentials and cost-of-living allowances. (a) The following regulations shall govern the payment of non-foreign area post differentials and non-foreign area cost-of-living allowances under this Part:
(1) Payments shall begin as of the date of arrival at the post on assignment or transfer and shall end as of the date of departure from the post for separation or transfer, except that in case of local recruitment such payments shall begin and end as of the beginning and end of employment, respectively.
(2) Payments for periods of leave and of detail shall begin and end as determined in regulations prescribed under section 202(c) hereof.
(3) Payments to persons serving on a part-time basis shall be pro-rated to cover only those periods of time for which such persons receive basic compensation.
(4) Payment shall not be made for any time for which an employee does not receive basic compensation.
(b) Non-foreign area post differentials paid shall not be included in the base used in computing overtime pay, night differential, holiday pay, and retirement deduction.

[Sec. 208 amended by Executive Order 10636 of Sept. 16, 1955, 3 CFR, 1954-1958 Comp., p. 268; Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 209. Persons serving under contract. Any other provision of this Part notwithstanding, any person who would otherwise be eligible to receive a non-foreign area post differential or a non-foreign area cost-of-living allowance under this Part shall, if he is serving under a contract, be compensated according to the terms of such contract for the period thereof and shall, during such period, be ineligible to receive said differential and allowance.

[Sec. 209 amended by Executive Order 12510 of Apr. 17, 1985, 50 FR 15535, 3 CFR, 1985 Comp., p. 338]

Sec. 210. Periodic review. The Office of Personnel Management shall periodically, but at least annually, review the places designated, the rates fixed, and the regulations prescribed pursuant to this Part, with a view to making such changes therein as will insure that payment of additional compensation under the provisions of this Part shall continue only during the continuance of conditions justifying such payment and shall not in any instance exceed the amount justified: Provided, That if program or methodology revisions would substantially reduce an established differential or allowance rate, then the rate of such additional compensation may be reduced gradually.

[Sec. 210 amended by Executive Order 11938 of Sept. 29, 1976, 41 FR 43383, 3 CFR, 1976 Comp., p. 148; Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

Part III--Interim Arrangements

[Part III revoked by Executive Order 10903 of Jan. 9, 1961, 26 FR 217, 3 CFR, 1959-1963 Comp., p. 433]

Part IV--Foreign Service Salary Differentials

[Part IV revoked by Executive Order 10903 of Jan. 9, 1961, 26 FR 217, 3 CFR, 1959-1963 Comp., p. 433]

Part V--Unhealthful Posts

[Part V revoked by Executive Order 10903 of Jan. 9, 1961, 26 FR 217, 3 CFR, 1959-1963 Comp., p. 433]

Part VI--General Provisions

Sec. 601. Publication. This order, and the places designated, the rates fixed, and the regulations prescribed by the Secretary of State and the Office of Personnel Management pursuant to Parts I and II of this order, shall be published in the Federal Register.

[Sec. 601 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]


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