94th Congressl P COMMITTEE
94th COMMITTEE PRINT
2d Session f PRINT NO. 94-16
PROBLEMS CONFRONTING TEACHERS
IN THE OVERSEAS DEPENDENTS SCHOOL SYSTEM
SUBCOMMITTEE ON RETIREMENT AND EMPLOYEE BENEFITS OF TE
COMMITTEE ON POST OFFICE AND CIVIL SERVICE HOUSE OF REPRESENTATIVES
NINETY-FOURTH CONGRESS SECOND SESSION
lelf -frj 20
SEPTEMBER 14, 197 '. 1~I ---,4T A( ".e
Printed for the use of the Committee on Post Office and Civil Service
U.S. GOVERNMENT PRINTING OFFICE 7&-30 WASHINGTON : 1976
COMMITTEE ON POST OFFICE AND CIVIL SERVICE
DAVID N. HENDERSON, North Carolina, Chairman
MORRIS K. UDALL, Arizona, Vice Chairman
DOMINICK V. DANIELS, New Jersey EDWARD J. DERWINSKI, Illinois
ROBERT N. C. NIX, Pennsylvania ALBERT W. JOHNSON, Pennsylvania
JAMES M. HANLEY, New York JOHN H. ROUSSELOT, California
CHARLES H. WILSON, California ANDREW J. HINSHAW, California
RICHARD C. WHITE, Texas JAMES M. COLLINS, Texas
WILLIAM D. FORD, Michigan GENE TAYLOR, Missouri
WILLIAM (BILL) CLAY, Missouri BENJAMIN A. GILMAN, New York
PATRICIA SCHROEDER, Colorado ROBIN L. BEARD, Tennessee
WILLIAM LEHMAN, Florida TRENT LOTT, Mississippi
GLADYS N. SPELLMAN, Maryland STEPHEN L. NEAL, North Carolina HERBERT E. HARRIS, Virginia WILLIAM M. BRODHEAD, Michigan PAUL SIMON, Illinois NORMAN Y. MINETA, California JOHN W. JENRETTE, JR., South Carolina STEPHEN J. SOLARZ, New York
JOHN H. MARTINY, Chief Counsel VICTOR C. SMIROLDO, Staff Director and Counsel
THEODORE J. KAZY, Associate Staff Director ROBERT E. LOCKHART, Counsel JAMES PIERCE MYERS, Assistant Counsel DAVID MINTON, Associate Counsel
SUBCOMMITTEETE ON RETIREMENT AND EMPLOYEE BENEFITS
-RICHARD C. WHITE, Texas, Chairman
DOMIN14K V. DANIELS, 'New % Jersey GENE TAYLOR, Missouri HERBERT E. HARRIS, Virginia ROBIN L. BEARD, Tennessee
GLADYS N. SPELLMAN, Maryland NORMN Y. MINETA, California JOHN W. JENRETTE, JR., South Carolina MORRIS K. UDALL, Arizona.
Ex Officio Voting Members
DAVIDN. HENDERSON, North Carolina EDWARD J. DERWINSKI, Illinois
(Ronald P. McCluskey, Assistant Counsel, Room B-345(d), Rayburn Building-Ext. 56831)
Introduction --------------------------------------------------------- 1
Legislative history --------------------------------------------------- 2
Findings ------------------------------------------------------------ 32
Summary ----------------------------------------------------------- 37
Recommendations --------------------------------------------------- 39
Future studies ------------------------------------------------------- 40
Cost ---------------------------------------------------------------- 40
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Since its relatively modest beginning in Germany in October 1946, the Overseas Dependent School System has grown into a worldwide system. Originally, 38 elementary schools and 5 high schools enrolled 2,000 American children who were taught by 120 teachers. Presently, the system has over 150,000 students in 294 schools in 27 countries and island groups with more than 8,000 professional staff personnel employed. In terms of enrollment, the system is a little smaller than the Dallas Independent School District and about 7 percent larger than the District of Columbia Public School System. Because of the dispersal of its facilities and the necessity of maintaining many relatively small schools in isolated areas, the resulting problems of management, staffing, and logistics of the system are unquestionably more complex than those of stateside schools. Courses of study parallel those of the public schools in the United States and standard approved textbooks are used. Students vary in background and heritage as widely as the regions within the United States from which they come. The junior high and high schools are accredited by the North Central Association of Colleges and Secondary Schools.
The program is funded by the Department of Defense annual appropriations acts; no permanent authorizing legislation has been enacted to provide for the establishment and operation of the system. While the General Subcommittee on Labor of the House Committee on Education and Labor has direct jurisdiction over the quality of the education and facilities provided overseas dependents, this subcommittee's jurisdiction lies in the structure of the personnel systems, pay, and benefits for employees. It is the firm conviction of this subcommittee that the two jurisdictions should not be viewed as being totally separate and apart, but rather intertwined such as differing threads in a finely woven cloth. For surely it can be said that among employees who have to meet the same qualifications and standards, the problem of disparate benefits which creates adverse effects both on teachers' morale and on developing a psychology of career commitment to teaching overseas should not be minimized, for an employee's morale has definite influence on the quality of work he turns out.
RICHARD C. WHITE,
In the past, Congress has seen the wisdom of enacting legislation to correct the problems confronting overseas teachers with respect to the three areas previously identified. In this vein, the Defense Department Overseas Teachers Pay and Personnel Practices Act became Public Law 86-91. At the time.' of enactment, it was the feeling of Congress that this legislation would provide for and promote a school system in which all employees were treated equitably and on par with employees of similar systems in the United States. However, due to agency regulations, this has not been the case.
'First of all, Public Law 86-91 made provisions for a system of personnel administration for school teachers, school officers, and other employees of the school systems comparable to the type, of systems found in the majority of the primary and secondary public school jurisdictions in the United States. The committee found this legislation necessary in order to eliminate the difficulties resulting from the restrictions and limitations of the civil service laws and rules applicable at that time. Practically all of the problems under that system of employment and pay for overseas teachers stemined from the fact that they were employed under civil service laws, rules, and regulations designed for full-time employees. The application of these laws to positions which operate only 9 or 10 months of the year caused hardship, misunderstanding, confusion, and contributed to high employee turnover. The teachers, prior to their employment overseas, had been employed in and were entirely familiar with the school Systems of the United States where: (1) Salaries are based on the school year, educational degrees, and years of service; (2) the leave system is based on the actual school year; and (3) promotions and other personnel practices are based to some degree on activities carried on by the individuals during the summer recess period.
PuBLic LAW86-91, S. 96, JULY 17,1959
Provides a short title for the act.
Defines terms used in the act.
Amends the Classification Act of 1949 by adding a new clause to section 202 of that act which will exempt from the provisions of that act "teachers" and "teaching positions"" as defined in this mt.
Provides that the Secretary of Defense shall prescribe regulations governing the establishing of positions, the fixing of rates of compensation, the conditions of employment, and the length of the school year.
Provides that the Secretary of each military department shall comply with applicable law, the regulations of the Secretary of Defense and this act in the application of employment and salary practices. Section 6
(a) Provides, under regulations to be prescribed by the Secretary of Defense, for leave to be earned by employees (other than substitute teachers) covered by the act, at the rate of 1 day for each calendar month or part thereof of the school year, up to a maximum of 10 days in a school year, and for an accumulation of not more than 75 days of such leave.
(b) Provides that Saturdays, Sundays, regularly scheduled holidays, and administratively authorized nonwork days shall not be days of leave for the purposes of subsection (a) of this section.
(c) Provides, under regulations to be prescribed by the Secretary of Defense, that leave earned or credited under this section may be used as maternity leave, when the employee is ill, when there is a contagious disease or death in the immediate family, or in the case of a pressing personal emergency; except that 3 days of such leave maybe granted during a school year for any purpose.
(d) Provides for crediting annual and sick leave which an employee has when his position is brought under this act or when he is transferred, promoted, or reappointed, without break in service, from a position under a different leave system to a position subject to this act. The annual leave so credited is not to be included in the leave provided under subsection (a) of section 6, but used under regulations prescribed by the Secretary of the military department concerned. Neither the sick leave credited nor the leave earned pursuant to this act shall become the basis for a lump-sum payment either upon separation or transfer from a position subject to this act.
(e) Provides that an employee subject to the act when credited with 75 or more days of leave (other than annual leave) may not earn additional leave until the amount of such leave to his credit is reduced to less than 75 days.
(f) Provides for liquidation of annual leave to an employee's credit upon separation from the service, in the manner prescribed by the act of December 21, 1944.
(g) Provides for the transfer of any annual leave, and leave credited under this act, under regulations of the Civil Service Commission when an employee is transferred, promoted, or reappointed to a position under a different leave system. Section 7
Provides, under regulations prescribed by or under authority of the President, for quarters, quarters allowance, and the storage of household effects and personal possessions with provision for repayment
by the employee of actual moneys received or the value of the quarters and storage facilities in the event of failure to fulfill the teaching contract.
Provides, under regulations prescribed by or under the, authority of the President, for the payment of cost-of-living allowances in accordance with existing law.
Provides a method for the conversion of annual rates of compensation under the Classification Act.
Specifies that the Annual and Sick Leave Act of 1951 and the Federal employees Pay Act of 1945 shall not apply to employees in positions covered by this act.
This section provides, also, that under specified conditions employees subject to this act may accept employment during regular recess periods without regard to the dual compensation act. Further it is provided that such recess employment shall have no effect on the employee's insurance under the Federal Employees' Group Life Insurance Act or benefits under the Civil Service Retirement Act.
Provides a necessary saving provision to protect employees during the period of -transition until appropriate action is taken under the act. Section 12
Establishes necessary effective dates.
In summary, the major provisions of this legislation had the effect. of exempting overseas teachers f rom the Classification Act of 1IR49 and from certain other civil service and personnel procedures which were not appropriate for their positions. Their compensation was fixed by the heads of the respective military departments, subject to general regulations of the Secretary of Defense. Rates of pay were established in relation to rates for similar positions in the United States, not exceeding the maximum rates for teaching positions in the District of Columbia schools.
The legislation provided a program of sick and emergency leave similar to that provided for comparable personnel in the District of Columbia schools-a program designed to meet the special employmentconditions of personnel in overseas schools.
Provisions were also made for the furnishing of- quarters or a quarters allowance, and for storage of household and personal effects, during summer recess periods for teachers and other school personnel who signed renewal agreements and returned to their assignments at the beginning of the next school year. These allowances, as well as post differentials and cost-of-living -allowances equal to those granted by law to other civilian employees, were authorized in accordance with regulations of the Secretary of Defense. The regulations also govern
conditions of employment and length of the school year in o)verseas schools.
Although not specifically directed at overseas teachers, Congress passed the Overseas Differentials and Allowances Act of 1960 which standardized the regulations applying to all Federal employees in stations overseas, regardless of employing agency. In stating the purpose of this legislation, both the Senate and House reports were in agreement as to the intent. The House report stated:
The purpose of H.R. 7758, as set forth in section 101, -is to
improve and strengthen the administration of overseas activities of the Government of the United States. This purpose is -to be accomplished by the establishment of a. coordinated and reasonable uniform system for more effectively compensating Government employees for additional costs, and for hardships and inconveniences, incident to their working assignments in overseas areas. The bill provides for uniformity of treatment for -all overseas employees to the extent justified by relative -conditions of employment. The allowances, differentials, and expenses authorized by the bill apply only to citizens of the United States employed by the Government in overseas activities, except as otherwise provided by law. This legislation carries out the recognized principle that the Government should provide uniform treatment for all of its civilian employees who are assigned to overseas posts of duty with respect to additional expenses, necessarily incurred by such employees in relation to their overseas service, which Government employees within the United States do not incur and with respect to hardships, inconveniences, and other differences in environment or conditions of employment at overseas posts of duty which justify additional compensation or
The Senate report stated:
The purpose of this bill is to improve and strengthen Government overseas activities by establishing a uniform system for compensating all Government employees in overseas posts irrespective of the agency by which they are employed. The bill would provide uniformity of treatment for all overseas employees to the extent justified by relative conditions of employment. Current applicable laws do not provide this unif ormity. They authorize benefits for the employees of certain agencies, while the employees of other ag-encies are denied them because of the lack of statutory authority, even though the conditions of employment of the two groups are substantially the same. Thus, the bill extends certain benefits now authorized only for the foreign affairs agencies to nonforeign
a ff ai1rs agfe ncies as well.
At this time. thie importance of sound and effective personnel policies in the conduct. of ov-erseas programs of the Gov-ernmient was well recognized. United States cit*1izens assigned to ov-erseas civ-ilian posts are responsi ble for an imotn.pa-rt of the duties necessary to the success of our military and economic commitments in foreign coun75-630 0 76 2
tries. These employees in a sense represent the United States in the eyes of the world. The success of our programs abroad depends largely upon obtaining maximum results from their efforts. The effectiveness of the performance-and, consequently, the accomplished results of entire programs-are directly related to the facilities which the Government places in their hands to aid them in carrying out their assigned tasks.
PUBLIC LAW 86-707, H.R. 7758, SEPTEMBER 6, 1960
This legislation was developed through extensive hearings, conferences, and studies conducted over a period of years by the Civil Service Subcommittees of both the House and Senate Committees on Post Office and Civil Service, in cooperation with the Department of Defense, the Department of State, the personnel adviser of the President, the United -States Civil Service Commission, the General Accounting Office, and other agencies having overseas responsibilities. It was intended to have the highly desirable effect of creating a single permanent statute for the consolidation and uniform payment of allowances and differentials based on the principle that the Government should compensate Federal employees serving outside the continental United States for additional expenses associated with such service and for differences in conditions of environment at overseas posts that necessitate additional compensation as a recruitment and retention incentive. The major provisions of Public Law 86-707 were: (1) consolidate in one act various provisions of law now found in several statutes, in order -to provide a single continuing authority, uniform for -all agencies for payment of allowances and differentials in foreign areas;
(2) provide a basis for the more efficient and equitable administration of allowances and differentials; (3) make available to non-foreignaffairs agencies certain authorities previously available only to agencies authorized to use the Foreign Service Act provisions. The authorities extended by provision three above to non- foreign- affairs agencies (at that time the Department of Defense was considered to be a non- foreign- affairs agency) included:
(1) The authority to pay a temporary lodging allowanmce upon
first arrival at a new post;
(2) The authority to include water as a utility to be covered
by the regular quarters allowance;
(3) The aiithorityv for payment of allowances in advance;
(4) TrLie authority to pay travel expenses for children who are
transported to the Uimted States for secondary or college
(5) Tphe aui thority to pay storage expenses for household effects; (6l) The authority to pay the cost of unusual housekeeping
expenses for the principal representative of the Government at a
(7) The authority to ship privately owned motor vehicles under
certain limited circumstances; and
(8) The authority to grant home leave after 24 months of
As previously mentioned, this legislation was not specifically directed at overseas teachers, however, its pDrovisions, together with the provisions of the Defense Department Overseas Teachers Pay and Personnel Practices Act form the basis for the current policies that determine teacher benefits. These regulations are embodied in the IDepartment of State's "Standardized Regulations (Government Civilians, Foreign Areas) and the Department of Defense's "Joint Travel Regulations for Civilian Personnel," and have been the focus of many hearings and investigations by this subcommittee. These actions will be addressed in greater detail later in this report.
Two years after its enactment, Public Law 86-91 was amended for the first time. The 87th Congress passed legislation which subsequently became Public Law 87-172. This law made provisions for correcting two minor deficiencies or overs-ights in the existing law which had adversely affected the operation of the Defense Department Overseas Teachers Pay and Personnel Practices Act since enactment in 1959.
Section 7(c) of Public Law 86-91 provides authority for quarters and certain other types of allowances, during summer recess periods, for teachers who complete a school year and who agree in writing to serve for the next school year. Section 7(d) of Public Law 86-9 1 obligates any such teacher who does not report for duty at the beginning of the next school year to repay any allowance received during the summer recess regardless of the reasons for not reporting. Section 1 of Public Law 87-172 permits administrative relief in appropriate situations when a teacher is unable to report for the next school year for reasons beyond his control and which are acceptable to the Department of Defense. Such reasons include death, serious illness, accidents, et cetera.
The second change, section 2, made by this legislation related to the definition of "year" for the purpose of certain administrative actions in the case of teachers. Transportation could be furnished to and from overseas posts of duty if the employee agrees in writing to serve for periods of not less than 1 year. nor more than 3 years. Since the services of" teachers are required only for' the school year, a period of about 9 months, to comply with the letter of the law, a teacher had to spend 2 or 3 months in a nionpay status in the overseas area. af ter the school term was ov-er in order to accumulate the minimum period of 12 months of service required by section 7 of the Administrative Expenses Act. The other alternative for the teacher was to resign after comnpleting the school year. and the D~epar'tment of 1)efens,-e to determine that such separation was for reasons beyond the control of the teacher and acceptable to the IDepartinent. By permitting the minimum period of overseas service foi- transportation purpose to be stated in terms of a "school year" rather than "12 months," the IDepartmnent of Defense can now permit the return of a teacher to the United States at the close of a school year without the necessity of processing a re signation. Now the teacher is carried in a leav-e-without-pay status during the summer recess anid enititlemnent. to quarters or storage is clear because there is no separation.
PUBLIc LAw 87-172, S. 841, AuGusT30, 1961
The second amendment to the Defense Department Overseas Teachers Pay and Personnel Act occurred in 1966. The 89th Congresspassed Public Law 89-391, to correct inequities with respect to the basic compensation of teachers and teaching positions under the act.
The purpose of this legislation, as stated in both the House and Senate reports, was to establish a positive, reasonable, and fully effective legislative policy with respect to rates of compensation paid to teachers in the overseas dependents school system of the Department of Defense. Under this policy, the Department and the three military departments, must pay such teachers salary rates equal to the average range of salaries paid teachers having comparable levels of duties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population.
Both reports went on to bluntly criticize the Department of Defense's failure to carry out the congressional intent in Public Law 86-91. The House report stated:
The mandatory payment of such equal salary rates, is consistent with, and will strengthen, the policy laf4 down by the Congress in enactment of the Defense Department Overseas Teachers Pay and Personnel Practices Act, which thus far has not been effectuated in accordance with congressional
The Senate report stated, "Unfortunately, the law has never been administered in the manner which Congress intended."
The Congress understood that in enacting Public Law 86-91, they were providing a firm and reasonable form'--'ula for the payment of appropriate salaries of overseas teachers. That understanding did not prove itself. Public Law 89-391 provided a standard which although variable in amount, is positive because the precise dollar amounts in question are readily ascertainable. The legislation then went on to direct and require that the overseas teachers shall be paid salaries determined by the standard. There is no room for the substitution of independent views or judgments by any Federal civilian or military official. The average of the range of rates of salaries paid teachers having positions of comparable levels of responsibility in urban school jurisdictions of 100,000 or more population within tfie United States, were to be computed each year and the results of the computations to be applied directly to overseas teachers' salaries. These figures are matters of public record each year.
PUBLIc LAW89-3911 H.R. 6845, APRIL 14, 1966
As incredible as it may seem, this crystal clear mandate was ignored, in part, by the Department of Defense. Litigation (Virginia J.-March, et al v. The Uvited States, Civil Action No. 3437-70 before the U.S. District Court for the District of Columbia), was required before the congressional intent of the law could be carried out. Up until the recent
litigation, there was a one year lag in the salary schedule; the data derived from the previous school year was used to construct the salary schedule for the current school year. The actions of the 89th Congress, together with the subsequent litigation, have resulted in establishing the intended equitable pay scale. MNany problems still exist, however.
As stated earlier, the joint regulations issued by the Department of Defense and the Department of State governing teachers' benefits have been the focal point for many hearings and investigations by this subcommittee. The purpose of the remainder of this report will be to pinpoint the existing problems resulting from the current policies carried out regarding the benefit, structure for teachers of the overseas dependent school system. In addition, this report will provide recoininendations for eliminating the widely disparate benefits that currently exist for teachers working side-by-side in the same system.
Pinpointing the major problem areas currently affecting overseas teachers is relatively easy due, in large part, to the extensive work done in this area by previous subcommittees. In 1972, the Subcommittee on Retirement and Employee Benefits, under the very able leadership of Chairman James M. Hanley, conducted a very thorough onsite investigation; this investigation included visits to the following major concentrations of schools: (1) Wiesbaden and Frankfurt, Germany;
(2) Naples, Italy; (3) Madrid, Spain; and (4) London, England. The findings of this investigation afe embodied in Committee Print 93-9, "Study of Benefits for Teachers in the Overseas Dependent School System." In concluding this report, Chairman Hanley submitted a series of 10 recommendations based on the findings obtained during the 3-week probe.
These recommendations served as the basis for the recent hearings conducted by this subcommittee and will be dealt with in more detail later. However, brief mention of the most important recommendation 'Will be taken up at this juncture as it was not only brought up repeatedly at the recent hearings, but also in hearings during the 93d Congress. The first and most important recommendation set forth was that:
The new Subcommittee on Retirement and Employee
Benefits should hold hearings as soon as possible on the question of changing the benefit system for overseas teachers.
There is substantial evidence that the current system, both in theory and practice, has created substantial problems within
teachers' ranks and has created many inequities.
In fact, the report went on to say that the most serious morale problem results from teachers working side-by-side in identical jobs yet receiving widely disparate benefits.'In general, that subcommittee found that a high quality education was being offered to dependent children thanks primarily to the dedication of the systems' teachers and administrators. However, the teacher's often work against overwhelmining oddsinci ding poor' facilities in some areas, conflicting and vague interpretations of various personnel regulations, fluctuating priorities at v-anous bases, and of course, the disparity in the benefit structure.
In the 93d Congress, the new Subcommittee on Retirement and Employee Benefits, under the chairmanship of the Honorable Jerome R. Waldie, did exactly as prescribed in the first recommendation of the p~rev'ious subcommittee. A 1-day hearing on the subject of "Compensation of Overseas Teachers" (Serial No. 93-46) was held on Wednesday, April 10, 1974. One of the main topics discussed by the chairman was whether or not all teachers should be entitled to the same benefits regardless of their place of hire. The benefits granted to teachers hired in the United States but not to those hired onsite or locally are: (1) transportation to and from the United States, (2) housing or quarters allowance, and (3) shipment of household effects.
SUMMARY OF BENEFIT STRUCTURE
This problem-the disparity of benefits for teachers working side by side in identical jobs-set out by these previous subcommittee hearings, result from the Department of Defense's interpretation of Public Law 86-91 and the Department of State's interpretation of Public Law 86-707. The regulations issued by the Department of Defense are based on the Federal Travel Regulations published by the General Services Administration, the "Standardized Regulations (Government Civilians, Foreign Areas) issued by the Department of State, and appropriate decisions of the Comptroller General of the United States. Executive Order No. 10903 of January 9, 1961, No. 10970 of October 27, 1961, No. 10853 of November 27, 19.59, No. 10982 of December 25, 1961, and No. 11779 of April 19,1974, authorized and directed the Secretary of State to exercise the following described statutory power of the President. (See pp. 11-14.)
As a result of the Department of State directives, the Department of Defense has prepared the following joint travel regulations. (See pp. 15-31.)
Stateside Local NTE local
Benefits hires hires hires
1. Housing allowance --------------------------------------- X
2. Transportation allowance ---------------------------------- X
3. Shipment of household goods---------------------------x-4. Post differentiall1----------------------------------------x x Xx a
5. Cost of living allowance 2------------------------------......X X X
6. Health insurance-FEHB ---------------------------------- Xx ------7. Civil service reieet---------------X x
8. Post privileges ------------------------------------------ X X X
1Based on environment and hardship.
2Washington, D.C., is used as the base for cost-of .living allowances. 3Terminated when the school year ends.
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 covernino (1) certain
waivers of recovery, (2) the payment of allowances and differentials
authorized by 5 U.S.C. 5921-5925 and certain other matters, 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 901 of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1131), to prescribe
regulations governing allowances in order to provide for the proper representation of the United States by officers or employees of the
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 901 of the Foreign Service
Act of 1946, as amended;
e. The authority vested in the President by sections 7 (a) and 8 (a) (I)
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, quarter allowances, cost-of-living
allowance, and post differential;
f. The authority vested in the President by Section 3 of the Travel
Expense Act of 1949 (63 Stat. 166), as amended (5 U.S.C. 5702), to establish maximum rates of per diem allowances for civilian
officers and 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) (I) 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; and
-19-75 STANDARDIZED REGULATIONS4 TL:5R-255
(Government Civilians, Foreign Areas)
031.3 Post Differential
Post differential prescribed in Chapter 500 may be granted to employees
who are described in sections 031.11 and 031.12, including married
employees, and to employees officially stationed in the Uent"e4 States
who are on extended detail (Sec. 541) in a foreign area.
a. Post differential may not be granted to a non-spouse dependent employee who is a member of the household of another employee or of a member of the U.S. Armed Forces;
b. Employees who are chiefs of diplomatic missions (22 U.S.C.802(9)Y are excluded from eligibility for post differential. c. Employees of the Peace Corps shall not be eligible for post differential except 'as' may be expressly authorized by the Director of the Peace Corps in amounts determined by him not in excess of those determined in accordance with subchapter 550.
(Each spouse, if otherwise eligible, may be granted post differential
even though only one spouse may be granted living quarters allowance.)
An employee hired under former section 031.12d referred to in section 031.12
may continue to receive post differential prescribed in Chapter 500 while
continuously employed in a foreign area and while he or she is otherwise
eligible for a post differential.
031.4 Temporary Employees
Employees appointed on a full-time basis for temporary periods
(FPM-Chapter 316, sub-chapter 4) may be granted the allowances and post
f differential for which they are eligible.
031.5 Part-time Employees
Part-time employees (FPM-Chapter 316, sub-chapter 4) shall not be granted
allowances or post differential.
031.6 Employees Residing in the United States
Regardless of any other provision of these regulations, an employee who arrives at a new post (Sec. 040h) in a foreign area on or after
December 1, 1961, and who occupies quarters in the United States
(Sec. 040a) shall not be granted any post. supplementary post,
living quarters. or education allowances or post differential that may
be established for his post, unless such occupancy is the result of leave or official duty in the United States in accordance with other provisions
of these regulations.
6-29-75 STANDARDIZED REGULATIONS LS-6
(Governument Civilians, Foreign Areas)
013 Authority of Head of Agency
1'.h7*n authorized by law, the head of an agency may defray official
resid~ence expenses for, and grant post differential, quarters, cost-ofliving, and representation allowances to employees 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 or 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-ofliving, and representation allowances in addition to or in lieu of those
authorized in these regulations.
020 EFFECTIVE DATES
021 Current Regulations
These regulations shall be effective as of April 2, 1961. Amendments and
revisions shall be effective as of the dates specified in each.
022 Superseded Regulations
The regulations contained herein shall supersede the Standardized
Regulations (Government Civilians, Foreign Areas) of June 1953, as
revised and amended.
030 APPLICAP1LITY ____ _These regulations apply to male and female employees even though male
pronouns may appear in the text.
031 United States Citizen Employees
031.1 Quarters Allowances
031.11 Employees Recruited in the United States
Quarters allowances prescribed in Chapter 100 may be granted to employees who were recruited by the employing government agency in the United States, the Commnonwealth of Puerto Rico, the Canal Zone, and the possessions of the United States. In the case of married couples see section 134.13.
031.12 Employees Recruited Outside the United States
Quarters allowances prescribed in Chapter 100 may be granted to employees recruited outside the United States, provided that
a, the employee's actual place of residence in the place to which the quarters allowance applies at the time of
receipt thereof shall be fairly attributable to his/her employment by the United States Government; and
1-19-75 STANDARDIZED REGULATIONS LS-5
(Government Civilians, Foreign Areas)
75-630 0 76 3
I112 Al J OWANC (.S
ht. The authority vested in the President by section 9 of the United
Nations Participation Act of 1945 (59 Stat. 0]9), as amended by
section 15 of Public Law 93-126 (07 Stat. 4541-455), to pay a
housing supplement to certain employees assigned to the U.S. Mission
to the United Nations and to pay a housing and subsistence expense
allowance to U.S. delegates and alternates to the United Nations
S012 Exercise of Authority
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, and post
differential authorized by 5 U.S.C. 5921-5925 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
b. Allotment of funds to defray official residence expenses authorized by
5 U.S.C. 5913;
c. Granting of representation allowances authorized by section 901 of
the Foreign Service Act of 1946, as amended, for officers or employees
of the Foreign Service, and similar allowances authorized by other
provisions of law (including Section 2'5 (a) (2) of Title 38 of the
United States Code) for employees (Sec.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 sections 7 (a) and 0 (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 for travel in foreign areas
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. dependents, or both, from duty stalions 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 supplement to certain employees assigned to
the U.S. Mission to the United Nations, and the payment of a housing
and subsistence expense allowance to U.S. delegates and alternates
to the United Nations General Assembly.
1-19-75 STANDARDIZED REGULATIONS TL:SR-255
(Government Civilians) Foreign Areas)
DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
This copy is a reprint which includes current pages from Changes 1 through 102.
JOINT TRAVEL REGULATIONS
Ch. 102 4/1/74 j
PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE % OFFICE OF THE SECRETARY OF THE ARMY WASHINGTON. D.C. 20310
1 July 1965
DOD CIVILIAN TRAVEL DTERJIATIO nMBER 1-65
TO: EXECUTIVE, PER DIEM, TRAVEL AND TRANSPORTATION AILWANCE
SUBJECT: Change to Joint Travel Regulations
RKEFERENCES: (a) Department of Defense Civilian Personnel, Volume 2, Joint Travel Regulations b) CPR T3, with all changes thereto
c) ICPI 4650, ith all changes thereto d) AFM NO-10sv with all changes thereto
e) Department of Defense Directive 5151.20, dated 23 June 1964
By virtue of the authority vested in the Arnwy, Wavy, and Air Force
members of this Committee by reference (e), the attached regulations relative to travel and transportation allowances of Department of Defense civilian personnel are hereby promulgated as reference (a) effective on 1 July 1965. Concurrently therevith references (b), (c), and (d), and any other existing regulations pertaining to travel of any civilian employees of the Department of Defense are rescinded.
In accordance with reference (e), the regulations contained in reference (a) have been drafted in such manner that they require no further entitlement implementation by DOD components and no such regulations shall hereafter be issued.
This determination will be reproduced on the reverse of the title
page of reference (a) for the information and guidance of all concerned.
STAILEI R. RESOR
Under Secretary of the Arny
KENXET E. ELIEU
Under Secretary of the Navy
LEONARD MARKS, JR.
Assistant Secretary of the Air Force
DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
The regulations contained herein are pro- Navy, and Air Force. The Department of mulgated by the Per Diem, Travel and the Army has been Assigned responsibility
Transportation Allowance Committee. This for providing logistic, comm uni cations, and Committee is chartered under the Depart- civilian personnel support for the Comnment of Defense with membership at the mittee staff, and the Department of the
Under Secretary or Assistant Secretary Navy has been assigned printing responlevel in the Departments of the Army, sibility.
PURPOSE AND AUTHORITY
DEPARTMENT OF DEFENSE CIVILIAN ment of Defense components. As specified
PERSONNEL is Volume 2 of the two volumes in Department of Defense Directive 5154.20. comprising the Joint Travel Regulations. requests for decision of the Comptroller It implements 5 U.S. Code 2105, 2106, General of the United States relative to pe~r 5561, 5564, 5701-5708, 57Z1-5730, 5742. diem, travel, and transportation allowances
and other statutes per ta infing to per of the Department of Defense civilian emdiem, travel, or transportation allowances ployees will be submitted via the Committee. of civilian employees in the De pa rtm e nt In the event of a dispersal of headquarters, of Defense, and statutory r eg ul1a tion s the authority for prescribing the entitlements and Executive Re gula tions. issued there- in these regulations shall be vested in the under. With the exception of employees of individual Committee member to issue sepathe Department of Defense appointed under rately necessary regulations prescribing enSection 625(d) of the Foreign Assistance Act titlemnents applicable to his Service until the of 1961, as amended, who are entitled to per headquarters activities are again centralized, diem, travel, and transportation allowances at which time such authority shall be vested in accordance with Volume 6, State Depart- in the Committee members to issue the ment Foreign Affairs Manual, it will be the regulations jointly again. sole entitlement implementation by DepartPARAGRAPH NUMBERING SYSTEM
The paragraph numbering system of Volume Reference to the paragraphs. inthe regulations 2 is coordinated with that of Volume 1 of the in correspondence, messages, etc., will be Joint Travel Regulations. Thus, the volume shown in the following manner: letter "C," followed by the 4-digit para- TprC70
graph number (or 5 in the case of chapters JTR, par. C 7003-bl over 9) and its subparagraph designators JTR pas )70-71
formulate the paragraph numbering system JR as 03C71
as shown in the following breakdown: Paragraphs and subparagraphs may contain
itemnizations in which case reference to a
Paragraph C 7 003 3b U) specific item will be made as follows:
Volume Z2..............4 JTR, par. C7003-Z, item Z
Chapter 7 ........ JTR, par.*C7003-Za, item Z
Paragraph 003 .....The lowest unit of paragraph or subparagraph Subparagraphs .....breakdown applicable will be used.
Page Numbers Chapter 2 is numbered: 2_i, Z-ii, etc., Z-1.
Z-2. etc. The Introduction and volume ConThe pages of this volume are numbered in tents pages which precede the chapters are a separate series for each chapter and ap- numbered in lower case Roman numerals: pendix. The pages of a chapter are numbered iii, iv. v, etc. An appendix is numbered in in sequence with Roman numerals for the sequence with Arabic numerals preceded by
contents pages and Arabic numerals for the the letter designating the appendix; for extext pages. Each page number is preceded ample, the 1st page of appendix B is numby the number of the chapter; for example, be red b-1.
Ruining Heads corner of the right page indicates Ahe
number of the last paragraph to begin on
To facilitate finding paragraphs, eachpageis that page. If a paragraph does not begin identified with a running head. The number in on a page, the paragraph number appear. the upper left corner of the left page indicates ing in the upper corner of the page is the number the first paragraph to begin on the last paragraph to begin on preceding that page. The number in the upper right pages.
Regular changes, numbered consecutively, Changes to text material which are effective* are issued in page form. on dates prior or subsequent to the effective
date of any change will be indicated by a
notation in parentheses immediately preceding the caption of the applicable paragraph
When it is necessary to supplement the page when the entire paragraph is affected or changes with explanatory or restrictive in- immediately preceding the caption of the formation, such instructions are included on applicable subordinate unit when only that the cover sheets. Therefore. users of the unit is affected; for example. "(Effective I volume and/or those charged with its main- January 1965).11 tenance must read each cover sheet carefully both before following the new procedures
and before inserting the new pages in the A list of sheets in force in the volume is isvolume. sued with each change for the purpose of
verifying the accuracy of the volume. Pages
removed in effecting a change should be retained until alter the accuracy of the volume
New or revised instructions appearing onthe has been checked so that they maybe replaced pages comprising a change are indicated by if removed in error. Pages that have been a placed immediately preceding the new superseded by new material may be retained or revised portion. to serve any administrative requirements.
One of the main objectives of all personnel each chapter is a further outline by title of responsible for the issuance of these regu- each numbered paragraph within that chapter lations is to produce a working publication as well as the listing by tifte ofeachlettered that is easily understood and that canbe used part of the chapter. An alphabetical subject effectively in the payment of travel and matter index, providing further capability to transportation allowances. A continuing effort locate desired material, follows the last apis made to make maximum use of non- pendix.
technical langu ge and to gain an easier The users can help improve this publication readability. Vague cross-references are by objective feedback reporting. Constructive being eliminated and replaced with specific criticism pointing out specific improvements language even at the expense of repetition., desired is welcome. You may address such Free use is being made of a wide variety of comments to the Advisory Panel- member of presentation techniques including itemiza- your Service as shown in the following extion, illustration, examples, and decision ample for Army comments: logic tables. That technique which appears to
present the material in the mostunderstand- Army Advisory Panel Member able manner is selected in each case. c/o Per Diem, Travel and Transportation
To assist in locating material, there is a Allowance Committee table of contents showing the main subject Room 7A153, Forrestal Building covered by each chapter. At the beginning of Washington, D.C. 20314
SOURCE OF PROCUREMENT
Requests for copies of this volume and regular supply channel of the appropriate changes thereto will be made through the service.
PART A: APPLICATION, AUTHOR ITY, IMPLEMENTATION
CIOO0 APPLICATION to employees of the Departmrent -of Qefense appointed under Section 625(4d),of the Foreign Assist1. INCLUSION. The provisions in this volume ance Act of 196 1, as amended.
1. Department of Defense personal services
contract employees (see 27 Comp. Gen. Authority for the regulations in this volume is
695), and Department of Defense civilian provided by various laws pertaining to per diem, officials and employees and their depend. travel and transportation allowances for civilian ements, including non-United States citizens ployees, including S U.S. Code 2105, 2106, 5561, employed by the Department of Defense by 5564, 5701-5708, 5721-5730, 5742, and the Defense direct hire in overseas areas, except as Production Act of 1950 (64 Stat 819, as amended; subject to restrictions and limitations im'- 50 U.S. Code, App. 2160). Authority also is provided posed by overseas commands concerned or by Executive Orders, General Services Administration by agreements with the local, government Commuted Rate Schedule, and Department of involved; and civilian marine personnel of Defense directives (see Appendix A). In addition, Military Sealift Command to the extent provisions are incorporated that are based on the provided in Civilian Marine Personnel In. Federal Travel Regulations published by the General struction 4650 (Navy); Services Administration, the Standardized Regula2. civilian officials and employees of other tions (Government Civilians, Foreign Areas) issued by
Federal Government departments and Department of State, and appropriate decisions of the
agencies who perform official assignments Comptroller General of the United States.
for and at the expense of the Department of
Defense; C 1002 IMPLEMENTATION
3. persons, other than those in items I and 2,
vho perform official temporary assignments Under Dcpartment of Defense Directive No. 5154.20, under Department of Defense invitational the provisions in this volume, and subsequent amendtravel orders involving Government business ments thereto, are effective on the basis of promul(including non-United States -citizen indirect gation by the Per Diem, Travel and Transportation hires); Allowance Committee, without further entitlement
4. National Guard technicians employed pur- implementation by the separate departments. The
suant to 32 U.S. Code 709; separate departments may issue related administrative
(Effective 19 May 1975) procedures provided they do not controvene or
*5. persons employed intermittently as consult- unnecessarily duplicate the provisions in this volume.
ants or experts and paid on a when-actuallyemployed basis or persons serving without C1003 EMPLOYEE INFORMATION
compensation or at one dollar a year for
official travel away from home or regular Department of Defense pamphlets T~mporary Duty place of business and while at place of Travel (AFP 40-5-6; CPP 64; NAVSO P-2433; DSAH employment or service for the Government. 5000.1) and Permanent Change-of-Station Travel (AFP 40. 18; CPP 63; NAVSO P-2432; NAVMC 2623; 2. R.ESTRICTION. The provisions in this volume DSAH 5000.2) giving information relating to tempodo not apply to officials and employees of nonappro- rary duty and permanent change-of-station travel are priated fund activities traveling on nonappropriated available to employees as guidance information. They fund business, to representatives and employees of may be obtained from supply sources as provided in contractors under contracts with the Department of applicable regulations of the separate departments Defense, except as provided in par. C5001, item 9, or (see Appendix B).
PERMANENT DUTY TRAVEL
PART A: GENERAL CONDITIONS
C 4000 SCOPE or wife, with the other employee(s) being
eligible as dependent(s) only. The same
1. GENERAL. This chapter covers perma- limitations apply to:
nent duty travel within and outside the continental limis a the United States. For 1. new appointees with regard to travel
transportation of dependents, household to first duty station(s);
goods, mobile homes, and privately owned Z. employees performing overseas emmotor vehicles, see Chapte r 7. Permanent ployees renewal agreement travel exduty travelincludes: cept as provided in par. C4003-Z;
3. overseas employees returning to place s
1. first duty station travel of a person who of actual residence for separation, and
is not an employee of the Government combinations of otherwise eligible emfrom his place of actual residence for employees in the same household.
the purpose of entering on duty as an
employee at his first duty station;
2. permanent change-of- station travel in C4001 AGREEMENT FOR TRANSPORthe interest of the Government from one TATION ENTITLEMENT
duty station to another without a break 1. GENERAL. An agreement for transporin continuity of employment with depart- tation entitlement is an understanding between ments and agencies of the Federal the department and the employee whereinGovernment; the department agrees to furnish transport
3. renewal agreement travel from anover- tion and other related allowances (see Table
seas duty station to place of actual of Eligibility in Appendix F), inconsideration residence for leave purposes and return for which the employee agrees to remain in overseas between consecutive tours of the Government service for a specified period duty without a break in service under or such part thereof as his services may be an agreement (return is to the same or required. In addition, in the case of appointanother overseas duty station); ment or transfer to a position outside the con4. separation travel from anoverseas duty tinental United States, the employee agrees to
station to place of actual residence for complete the prescribed tour of duty at the separation from Federal service upon overseas duty station in order to be eligible satisfactorily meeting the period of for return travel, transportation, and other service requirement prescribed in an related allowances. The completion of the agreement; period of service specified in the agreement
5. travel of a former employee separated establishes transportation eligibility and does
by reason of reduction in force or not, in itself, terminate the employee's transfer of function who is re- employed employer ent. Such an agreement may be an within I year of separation under a initial agreement or a renewal agreement.
contemporary appointment at a per- An initial agreement provides eligibility for manent duty station other than where transportation of an employee, his dependseparation occurred. ents, and household goods. A renewal agreement provides eligibility for round trip transportation of an employee and his de2. LIMITED ENTITLEMENT FOR ALLOW- pendents for the purpose of taking leave
ANCES WHEN FAMILY INCLUDES MORE between consecutive periods of overseas
THAN ONE EMPLOYEE. When the husband employment. A renewal agreement does not
or wife and other members of an immediate include entitlement to transportation of family (see definition of "Dependent" in household goods. All or a portion of transpar. C 1100) in the same household are portion entitlement may be lost under
transferred from the same or different old certain conditions (see par. C 4007). The empermanent duty stations located in the same ployee concerned will be furnished a signed approximate area. to the same or different copy of the agreement (initial or renewal) new permanent duty stations located in the and the original will be placed in the emsame approximate area and are eligible as ployee's personnel folder. Agreement employees for allowances under the regula- forms and their preparation and disposition tions of this volume. entitlement to allow- will be as prescribed in Appendix D, ances will be limited to either the husband Part III.
C400 2 DOD Civilian Pcrsonnel
2. NEGOTIATION OF AGREEMENTS. Agree. 11. officials of the Navy who have been dele.
merits for transportation entitlement may be negoti- gated authority to issue travel orders inaled by: volving agreements and persons acting for
1. the Director ot Personnel. Office of the 12. Director, Program Management for emDeputy Assistant Secretary of Defense (Ad. ployees of the Defense Advanced Research
ministration), for employees of the Office Projects Agency
of the Secretary of Mcrise, Organization of 13. the Civilian Personnel Officer, Defense Inthe Joint Chiefs of Staff, and United States vestigative Service, for employees of DeCourt of Military Appeals; fense Investigative Service;
2. the Civilian Personnel Office, USNATO/ 14. the Executive OffiCeT, for employees of the
SHAPE Support Group, Brussels, Belgium, Defense Joint Tactical Communications
for employees of the United States Mission (TRI-TAC) Office;
to the North Atlantic Treaty Organization 15. the Staff Director of Personnel for Head(USNATO); quarters, Defense Mapping Agency (DMA)
3. activity commanders of Defense Nuclear and, the Personnel Officer of each DMA
Agency authorized to fill positions in that component, for employees of Defense Map.
agency; ping Agency;
4. the Chief, Personnel Division, Defense Com- 16. the designated appointing authority for
murucations Agency, for employees for employees of the Defense Civil Preparedness
Defense Communications Agency; Agency.
'5. Chief, Civilian Personnel Division, Defense
Intelligence Agency, for employees for C4002 WITH WHOM AGREEMENTS ARE
Defense Intelligence Agency; NEGOTIATED
6. officials of the Defense Supply Agency who
have been delegated authority to issue travel I GENERAL. Agreements must be negotiated
orders involving agreements and persons with the following:
acting for them;
7. Deputy for Resources Management, Defense I a new appointee, or a student trainee when
Contract Audit Agency, for employees of assigned on completion of college work, to
DCAA; a manpower shortage position (see par.
8. the Chiief of the office concerned in the C I 100);
National Security Agency, for employees of 2. employees transferred or reassigned from the National Security Agency (authority one overseas post of duty to another overredelegated by the Director, National Secu- seas post of duty;
rity Agency); 3. new appointees recruited for overseas serv9. activity commanding officers of the Army ice at a geographical locality other than that
and Air Force having appointing authority in which their place of actual residence is
to fill positions involved. civilian personnel located;
officers authorized to act for and in behalf 4. employees transferred to. and within the
of such officers, members of the civilian continental United States.
personnel office staff designated to act for a
commanding officer in effecting appoint- Agreements within the Department of the Navywill ments, and personnel at other activities not be negotiated with employees who are under 21 acting in response to a specific request from years of age in the situations in items 2, 3, and
the officials cited in this item; subpar. 3.
10. personnel of the Air Force occupying positions at activities to which responsibility has 2. EMPLOYEES RECRUITED OUTSIDE THE been delegated for recruiting employees for CONTINENTAL UNITED STATES FOR OVERoverseas assignments including overseas SEAS DUTY. The provisions in subpar. I also apply placement officers and recruiting officials; to an employee recruited outside the continental
Nrnutnent Dutv Travel' C4002
United States for assignment to an overseas official express purpose of accepting Federal emduty station in a different geographical locality from ployment (a) if committed to a specific
that in which the employee's place of actual residence vacant position prior to discharge date, and
is located (26 Comp. Gen. 679). This authority will appointed no later than one month after the
be exercised in-te best interest of the Department of discharge date, or (b) if committed to a
Defense. The qualifications of the employee and specific vacant position after retirement
conditions involvQ4 in his employment must justify date and appointed not later than one
the expenses incurred. Except for a new appointee month after the IS 90day waiting period or
assigned to a manpower shortage position within waiver thereof;
Alaska or Hawaii=', transportation at Government 2. an employee of another Federal departexpense will not be authorized for a new appointee ment, agency, or instrumentality, Govern.
for travel to a first duty station in the same ment contractor, Red Cross, nonapproprigeographical locality in which the employee's place of ated fund activity, international organizaactual residence is also located (46 Comp. Gen. 838). tion in which the United States participate,
The transportation entitlement is from the place of and any other activity or agency which the
actual residence of the appointee to the overseas overseas command determines to be operatpermanent duty station. ing in support of the United States or its
3. OESALOAHIE personnel in the area, providing the individ~ LOCL LAA~.L ~ual was (a) recruited in the United States a. General. Overseas local commanders in for- under conditions of employment which
eign areas will negotiate an initial agreement with a provided for return transportation, (b) com-.
locally hired employee if the conditions in subpar. b mitted to a specific vacant position before
are met. Local commanders in nonforeign areas will separation from prior employment, and (c)
negotiate an initial agreement with a locally hired appointed not later than one month after
employee if the conditions in subpar. b are met and termination of such employment;
provided the position is one for which qualified local 3. a former employee of the same or another applicants are not readily available. To avoid misun- Federal department or agency separated by
derstanding at a later date, eligibility for return reduction in force during the previous 6
transportation will be determined at the time of months %~to is on a re-employment priority
appointment, or at. the time the employee loses list, and has been authorized delay in return
eligibility for return transportation, and recorded transportation for the primary purpose of
through the execution of an agreement. exercising re-employment priority rights;
b. Conditions. An initial agreement will be 4. a locally hired married employee who acsiegtiaed ithonl th folowig lcaly hredcompanied or followed his or her spouse to empoyeiat viedwihol there foleoin oall iedo the overseas area and at the time of hiring
appointment or assignment, or at the time they losehaenilmttoruntaspttons eligibility for return transportation, to establish to a dependent of a member of the military
the satisfaction of the appointing official, bona fide service or a civilian employee serving under
place of actual residence (see par. C4004) in the an agreement providing for return transporUnited States but outside the geographical locality of tation, if one of the following circumstances
the post of duty: occurred: (a) death of the spouse, (bi)
divorce or legal separation, or (c) spouse
I. a member of the Armed Forces of the departed from the post or- area permaUnited States separated locally for the nently;
C,1 3 DOD Civilian Pemnnel
ne term "niernber of the military service"' as used in 2. with the one who is the head of the this paragraph mcans a commissioned officer, com- household only, with the other being conmissioned warrant officer, and enlisted person on sidered as a spouse.
active duty in the U.S. Armed Forces. A determination as to which of the alternatives in
item I or 2 is selected will be m3de in writing ajnd will
4. TEACHERS IN THE DEPARTMENT OF DE- be signed by both husband aid wife. A copy will be
FENSE OVERSEAS DEPENDENTS SCHOOL filed in the employee's personnel folder. Pw em.
SYSTEM. Agreements are negotiated with school ployee who elects to travel as the spouse does not
teachers who are recruited for or transferred& to thereby forfeit entitlement to return transportation assignments in the Department of Defense Overseas of self, dependents, or household goods upon separaDependents School System (20 U.S. Code 901-907), tion, which was accrued under initial agreement. provided they meet the conditions in subpar. 3b. Consequently, where the spouses have independently earned their respective entitlements, and they are
required to make an election (see item 2), if one
C4003 WITH WHOM RENEWAL spouse ceases to be employed in the Federal service,
AGREEMENTS ARE NEGOTIATED thereby removing the basis for the election, the
remaining spouse will be allowed to revert to the
GENERAL. Renewal agreements are negoti- agreement held prior to the election. The spouse
ated with employees when they satisfactorily com- will also be permitted to negotiate a transportation plete the prescribed period of service at an overseas agreement granting renewal agreement travel, if otherduty post and have an acceptable place of actual wise eligible. In computing the time limits for residence (see par. C4004) located outside the geo- required service, the time should run from the return graphical locality of employment. For additional of the spouse from his or her last renewal agreement conditions concerning teachers in the Department of trip either under his or her own prior agreement or Defense Overseas Dependents School System, see par. the husband's or wife's agreement, whichever is 13ter C4156. The commanding officer concerned may, at (54 Comp. Gen. 814).
his discretion, refuse to negotiate a renewal agreement with an employee who was hired locally and did 3. EXCEPTIONS not sign a written agreement providing for return
travel upon separation. In this connection, the De- a. General. A renewal agreement will not be apartment of Defense component involved will notify negotiated under the circumstances stated in par. the employee or its intention before the employee C4150 nor with locally hired individuals described in has completed a period of service equal to the period subpar. b and c. generally applicable to an employee of the Depart- '
ment of Defense component concerned and serving at b. Locally Hired Married Employee. A renewal
the duty station involved, or in the same geographical agreement will not be negotiated with a locally hired locality. married employee who is in the overseas geographical
locality because the spouse is in such locality as:
2. MARRIED EMPLOYEES. Except as precluded
in subpar. 3, when a husband and wife are both 1. a member of the Uniformed Services,
employed in the same overseas locality by the same 2. a member of the Foreign Service of the
or different departments of the Government, the Department of State,
renewal agreement will be negotiated in one of the 3. a private individual,
following manners: 4. an employee of a private individual,
5. an employee of a non-Federal organization.
1. with each of them separately, without the
other being considered as a spouse (if this C. Locally Hired Employer Who is Unmarried option is selected, other members of the and Under 21 Years of Age A renewal agreement will household will not benefit twice); not be negotiated with a locally hired employee who
Perin:-tient Duty Travel L 004
is unmarried and under 21 years of age whose parent original agreement will be stated in the renewal is in the overseas geographical locality as: agreement unless it is determined that an error was
made in the employee's place of actual residence
I a member of the Uniformed Services, when the original agreement was executed. In the
2. a member of the Foreign Service of the event of the latter, the correct place of actual
Department of State, residence will be determined and stated in the
3. a civilian employee of the Federal Govern- renewal agreement. An explanation will be made a
ment, matter of record with the rowwalagreement.
4. a private individual, b. Factors for Consideration. The place of
5. an employee of a private individual, actual residence is the fixed or permanent residence,
6. an employee of a non-Federal organization. normally, where dependents and household goods are maintained at the time of an employee's appointment
C4004 PLACE OF ACTUAL RESIDENCE to an overseas position. Generally, the place of actual
DETERMINATION residence is the place from which transferred or
appointed. This, however, is not always so. The desire
1. EMPLOYMENT IN MANPOWER SHORTAGE of an applicant or employee to specify a location as
POSITIONS. The obligation of the Government for place of actual residence that is not justified as
transportation to the first duty station is limited to reasonable, or merely because of an intention to movement from place of actual residence at the time establish residence or visit some place, will not be a of selection or assignment. The place of actual basis for designating such place as that of actual
residence for use in connection with travel to the first residence for transportation eligNlity purposes. All duty station in the 50 States and the District of available facts concerning the employee's residence Columbia is that location where an individual dwelled prior to assignment to overseas duty will be carefully for some time prior to selection for appointment or considered such as home ownership, previous assignment to a shortage occupation. If the employee residence, temporary employment in city from which claims some other location as his place of actual recruited, employment requiring residence apart from residence at the time of selection, the burden of the family, the employee's voting residence, the place proof is upon him to show that his residence in the where the employee pays taxes. Additional factors location where he dwells at the time of selection is for consideration, in the case of a local hire, are the temporary and that his place of actual residence is length of absence from the claimed place of residence elsewhere. The location of a college in which a and the reasons for such absence; whether a residence
studentt is enrolled and where be has dwelled for 9 or has in fact been maintained to which the person 10 months in each of 3 or 4 years may or may not be expects to return; whether the person has in fact considered his place of actual residence depending actually established residence locally overseas, particiupon the facts presented. pated in local elections, or obtained waiver of United
States tax liability based on foreign residence which
2. OVERSEAS EMPLOYMENT would negate a claim of place of actual residence in
the United States (35 Comp. Gen. 244; 37 Comp.
a. General. The obligations of the Government Gen. 846). Additionally, the conditions in par. for transportation for purposes of overseas assign. C4002-3 will be used in determining place of -actual ment, round trip travel under a renewal agreement, or residence in the United States. return for separation are limited to movement to or
from an employee's place of actual residence at the C. Documentation. The information developed
time of his assignment to overseas duty. Before an as a result of determining the ilace of actual agreement is negotiated, the employment office will residence will be placed in the employee's official make every effort to ascertain and state in the personnel folder.
agreement the correct place of actual residence. In
the negotiation of a renewal agreement, the same d. Employee's Claim of Chahge in Place of
place of actual residence shown in the employees Actual Residence. Where place of actual residence has
(741?O DOD Ci~ilian Personnel
-been determined in accordance with subpar. b, no the renewal agreement is for duty in a 36 months or change is authorized during a continuous period of 24 months tour area. However, when the initial overseas service and none will be approved except in agreement of 36 months is administratively reduced, case of an error (35 Comp. Gen. 101; 39 Comp. Gen. the renewal agreement must prescribe a 'period of 337). In the event of an error, the appropriate service that, when added to the number of months agreement will be corrected to show the employee's completed under the initial agreement, plus the correct place of actual residence. number of months authorized as leave incident to the
renewal agreement, will equal 60 months. Use of C400 PEIOD F SRVIC REUIREENT these reduced tours is authorized to permit schedulC400 PEIOD F SRVIC REUIREENT ing leave at regular intervals, such as known slack
(TOUR OF DUTY) periods or during school vacation periods for em1. TRANSFERS TO AND WITHIN CON'fl- ployees having dependents attending school overseas.
NENTAL UNITED STATES. The tour of duty in For employees serving in a 36 months tour of duty
connection with transfers to or between permanent area who are not subject to the 5 year overseas duty stations within the continental United States is limitation, the 36 months period of service prescribed 12 months. may be administratively reduced by 2 months for
employees signing a renewal agreement to serve an 2. EMPLOYMENT IN MANPOWER SHORTAGE additional tour at the same or another overseas post.
POSITIONS. The tour of duty for first duty station
tavel in connection with appointment and assign- b. 24 Months' Tour of Duty Areas. Tours of ment to manpower shortage positions in the 50 States duty of the duration of 24 months are as follows: and District of Columbia is 12 months. Afghanistan
Australia (Northwest Cape)
3. OVERSEAS EMPLOYMENT Azores
Bahamas: Andros Island
a. General. To the fullest practicable extent, *Bahrain Island, for employees accompanied by detours of duty established for civilian employees of the pendents Department of Defense in overseas localities will be Burma uniform within each such area. Except as provided in Canada: Newfoundland (Argentia) only, for emsubpars. b through j, tours of duty will be 36 months ployees accompanied by dependents under original and 24 months under renewal agree- Cuba (Guantanamo Bay), for employees accompanied ments negotiated with employees assigned overseas, by dependents The tour of 24 months may be administratively Greece reduced by 2 months for employees signing a renewal Iceland, for .all employees on initial agreements agreement to serve an additional tour at the same or accompanied by'dpnet another post. There is no eligibility for renewal Iran (Teheran only) agreement travel (other than as allowable for overseas Italy: Sicily (Sigonella) only, for employees on school teachers subject to 20 U.S. Code 901.907) initial tour accompanied by dependents unless a minimum of 12 consecutive months of Japan (Wakkanai), for employees accompanied by
overseas service under an agreement has been comn- dependents pleted immediately preceding the beginning of au- Korea, for all employees with duty stations in thorized renewal agreement travel (37 Comp. Gen. Seoul/ASCOM, Taegu, Pusan, K-16 Airfield,
62). For employees serving in a 36 months tour of Chinhae/Masan and employees occupying desigduty area who are subject to the 5 year overseas nated key positions at all other duty stations service limitation, the 36 months period of service Laos prescribed under an initial agreement may be reduced Liberia up to 6 months for the purpose of beginning Mariana Islands: Guam, Saipan, only
authorized renewal agreement travel, provided that Morocco
Pvri,v~~nt Ilu[3- Travel C4 00 S
Nifcria Indonesia, for employees whose dependents are not au.
Panama Canal Zone thorized to accompany or join them in Indonesia
Philippines. Iran (all places except Teheran)
Ryukyu Islands Iwo lima
Saudi Arabia, for employees accompanied by depend- Japan (Wakkanai), for employees not accompanied ents by dependents
Singapore Johnston Island
Taiwan Korea, for employees with duty stations outside of
*Thailand, for employees accompanied by dependents Seoul/ASCOM, Taegu, Pusan, K-16 Airfield, and Turkey Chinhac/Masan occupying positions which are not
United Arab Republic within the designated key category
Yugoslavia Kwajalein Atoll
Mahe Island, Seychelles Group, Indian Ocean
C. 18 Months' Tour of Duty Areas. Tours of Midway Islands
duty of the duration of 18 months are as follows: Saudi Arabia, except for employees authorized en*Bahrain Island, for employees not accompanied by trance of dependents
dependents Thailand, for employees not accompanied by deCanada: Newfoundland (Argentia) only, for employ- pendents ees not accompanied by dependents Vietnam
Italy: Sicily (Sigonella) only, for employees on initial West Indies: Eleuthera Island, Grand Bahama Island, tour not accompanied by dependents; and for all Grand Turk Island, Mayaguana Island, San Salvaemployees serving a renewal agreement tour, dor Island, St. Lucia Island, only
whether or not accompanied by dependents
Libya e. Tours of Duty Under Special Circumstances
Somalia (1) General. The tours of duty for the persons
listed in subpars. (2) through (1 2) are an exception to
the tours of duty listed in subpars. b, c, and d.
*d. 12 Months' Tour of Duty Areas. Tours of
duty of the duration of 12 months are as follows: (2) Overseas Dependents School Personnel Alaska: Aleutian Islands, isolated mainland bases,
Kodiak Island, only (a) Professional Personnel in 20 U.S, Code
Ascension Island 901-907 Teaching Positions. The tour of duty for
Bonin Islands persons in teaching positions under the DOD Overseas
Canada: Newfoundland: Gander, Labrador, St. Dependent Schools System (see 20 U.S. Code
Anthony, only, and Northwest Territories 901-907 and DOD Directive 1400.13) will be one or
Christmas Island two school years as required, plus the time required
Cuba (Guantanamo Bay), for employees not accomn- in the area because of arrival before the start of the panied by dependents school year and while awaiting transportation upon
Diego Garcia Island, Chago Archipelago, Indian Ocean departure. The "school year:' for persons in teaching Dominican Republic positions, consist of not more than 190 working days
Eniwetok Atoll including not less than 175 days of classroom
Icelan d, for all employees not accompanied by (b) Professional Personnel Not in 20 US. Code
dependents and all employees serving on a renewal 901-907 Teaching Positions. The tour of duty for agreement professional personnel not in 20 U.S. Code 901-907.
C4005 DO~D Civilian Personnel
teaching positions will be 12 months in those areas 20 U.S. Code 901-907 for which the tour of duty is where the tour of duty for other Department of 36 months will be a sufficient period of service, in
Defense employees is less than 24 months. In all addition to immediate prior overseas service, to other areas, the tour of duty will be 24 or 36 months, complete 36 months. as appropriate. Professional personnel not in teaching (3) Employees of Defense Attache's. The Direcpositions include school principals, administrators, tor, Defense Intelligence Agency, will adrnjnistraand other personnel whose services are required for a tively fix the tours of duty for employees of JDefense
NU caendaryear.attache' because of the nature of the conditions of
(c) Professional Personnel in 20 U.S. Code sc mlyet
901-907 Teaching Positions Reassigned Without Re- (4) Scientists on Sabbatical Leave. The tour of
turning to the Continental United States to Positions duty for scientists on sabbatical leave will be 12 Not Subject to 20 U.S. Code 901.907 for Which the months. Tour of Duty Is 36 Months. The tour of duty for
professional personnel in 20 US. Code 901-907 (5) Ammunition Inspectors (Surveillance). The
teaching positions reassigned without returning to the tour of duty for ammunition inspectors (surveillance) continental United States to positions not subject to in the following areas will be:
Pecrmnent Duty Travel C 4005
Germany. Hawaii, Italy, and United Kingdom-- of time which, when added to their immnedi36 months upon original assignment and Z4 ate prior period of civilian or military servmonths upon renewal. ice, totals the prescribed tour of duty for the
Vietnam- IZ months. area, whichever is greater:
Iran- 12 months for employees not authorized
e m l y e u h r zden tr a n c e o fL d e p e n d e n t a n dh e G oe8m n m o nnh s fo rs i e m l y e u h r zden t r a n c e of d e p e n d-n t a n 8 m n t s f r. p e r s o n s a p p o i n t e d b y t r a n s f e r f r o m n
All other areas--24 months, meittro evcehsbe na
overseas area and who transfer without
performing renewal agreement travel;,
(6) Civilian Marine Personnel of the Mili- 2. military personnel who separate locally tary Sealift Command. The tour of duty for for the purpose of accepting employment
civilian marine personnel of the Military Sea- and with whom agreements are negolift Command willbe 12 months. tiated;
3. Government contractor personnel who
(7) U.S. Naval Observatory Personnel. The separate locally for the purpose of actour of duty for U.S. Naval Observatory per- cepting Government employment and
sonnel assigned to the San Juan-El Leoncito with whom agreements are negotiated;
region of Argentina will be 24 months. 4. locally hired dependents of military or
civilian employees with whom an agree(8) Consultants and Experts. The tours of ment was negotiated;
duty prescribed in subpars. (2) through (7) do 5. persons in the employ of an internanot apply to consultants and experts, tional organization in which the United
Sta tes Gove rnm ent pa rticipates who are
(9) Resident Technical Assistance Team, separated in overseas areas to accept
Talcahuano, Chile. The tour of duty for ci- Department of Defense employment and
vilian employees of the Resident Technical with whom agreements are negotiated;
Assistance Team asindat Tachao. 6. employees of nonappropriated fund acassignedillTalcahuantos tivities who separate in overseas areas
to accept other Department of Defense
(10) Logis tic M a n a g emr e n t Technicians, employment and with whom agreements Army materiel Command. The tour of duty are negotiated under the conditions in
fr logistic management technicians who are par. C400Z-3b, item 2;
assigned to logistic management offices es- 7. persons re-employed from a re-emtablished by the Army Materiel Command in ployment priority list with whom agreeHawaii, Germany. and Japan will be 24 months.- ments are negotiated as provided in par.
C 4002- 3b. item 3.
(11) Employees of the National Security
Agency. Because of the nature of the con- g.RaslmninS eOvrasGo
ditions of their employment, the Director, gahia Reassimen ihn Sane Oersloeas GeNtioly fiSteurs ofgduy ofl thedmploysta assigned within a Department of Defense ohtivl ag ten usy.dtyo teeplye component in the same overseas geographical
of tht agncy.locality prior to completion of his tour of
(12) U.S. Naval Medical Research Unit No. duty, the tour of duty specified in the agree3, di bbEhoi.Tetu fdt ment under which the employee is serving at
for civilian employees of the U.S. Naval thtieorasgn ntw cniu n
Medical Research Unit No. 3. Addis Ababa, effect. At the end of the specified tour of duty, Ethiopia, will be 24 months, the employee is eligible for returntransportation for separation or for the negotiationof
(13) Management Interns of the Department a renewal agreement, irrespective of the of the Air Force. The tour of dutyfor manage- length of time he has served the activity to ment interns assigned to the Management In- which reassigned. If, at the timne oreassigntern Program of the Department of the Air ment, less than 12 months remain to be Force in the area under the jurisdiction of served after reporting for duty at the new Headquarters Pacific Air Forces will be 24 station, a new agreement for the minimum months. During the 24 month tour, the em- period of 12 months willbe required for enplyewill be transferred to various posts titlement to travel, transportation, and other phoee ttearaa aagmn ed allowances in connection with the permanent
dithru huate aetaea a emn.ed change-of -station movement.
f. Credit for Prior Service. The following h. Reassignment to a Different Overseas personnel will be required to serve the em- Geographical Locality. When an employee. ploying military department for a period of serving at an overseas permanent duty station year from date of employment or a period other than one at which he has reemployment
C4(!')6' DOD Civilian Personnel
rights* is reassigned within a Department of supporting the position(s) taken. The AssistDefense component to a different overseas ant Secretary of Defense (Manpower) wilI geographical locality prior to completion of establish the tour for the area in question. his tour of duty, credit will be given for prior
service completed at the old duty station. (3) Special Conditions. When special conA new agreement i-s required with the new ditions justify. and the interested militarydetour of dutybeing 12 months or the difference apartments concur, tours of duty may be esbetween the tour of duty at the new duty tablished in a given overseas area which
-station and the period of service completed differ as between military departments, prp at the old duty station, which ever is greater. vided that every effort will be made to corAlso see par. C4105. An employee who is rect the special conditions which justify this
serving at a permanent duty stationoverseas practice and to establish a uniform tour of at which he has i employment rights and who duty for the area as promptly as possible. accepts reassignment within a Departmentof (4) Requests for Changes. Any changes or Defense component to a different overseas requests for changes in tours will be subgeographical locality prior to completion of mitted with supporting data to the headquarhis tour of duty, will be required to negotiate ters of the department concerned through a transportation agreement obligating him to appropriate command channels. serve the full tour of duty prescribed for
the new permanent duty station. k. Effect of Increased or Decreased Tour
of Duty. The tour of duty specified in each
i. Employee's Services Not Needed for employee's agreement governs in cases Entire Period of the Tour of Duty. When it where the tour of duty in an overseas area is known in advance that an employee's serv- is increased. The increased tour of duty wil1 ices will not be needed overseas for the full only effect the employees who execute agreements after the date the increased tour iw
period of the prescribed tour of duty, the em- approved. If the tour of duty is decreased. ployee may be employed for a lesser period employees serving under agreements which without affecting entitlement for transporta- provide for a longer tour will be given the tion to the overseas post and return transpor- benefit of the decreased tour of duty. tation for the purpose of separation (26 Comp.
Gen. 488). The agreement, however, will pre- C 4006 DATE TOURS OF DUTY BEGIN scribe a tour of duty of 12 months in accordance with the provisions of 5 U.S. Code 5722. 1. TRANSFER TO AND WITHIN CONTIEmployment may be terminated at any time NENTAL UNITED STATES. The tour of duty during the agreed tour of duty when it is de- in connection with transfers to or between termined that the employee's services are no permanent duty stations within the continental longer needed. United States begins on the date the employee
reports for duty at the new permanent duty
j. Establishment of Other Than Standard s ta tion.
Tours o Duty 4. EMPLOYMENT IN MANPOWER SHORTAGE POSITIONS. The tour of duty under an
(1) General. A Department of Defense agreement for first duty station travel in
component having representation in an over- connection with employment in manpower seas area may establish a tour of duty for the shortage positions in the 50 States and the area which varies from the prescribed tours District of Columbia begins on the date the if considered necessary for recruitment and employee reports for duty at the permanent retention of necessary personnel. duty station.
(2) In Areas of One or More Department of 3. EMPLOYMENT OVERSEAS Defense Components. In areas where more
than one Department of Defense component is a. Under an Original Agreemen For emrepresented. exceptions proposed by one or ployees recruited outside the geographical more Department of Defense components locality of. the overseas employing activity,
must be coordinated and approved by all the tour of duty begins with the date of reDepartment of Defense components repre- porting at the overseas activity. For employs ented in tho s e ove r s ea s a r eas. Upon approval ees recruited locally under an agreement, by the Department of Defense components, the tour of duty begins on the date of entrance the exception will be reported immediately, on duty, except with regard to dependents as in writing. to the Assistant Secretary of provided in par. C 4005- 3f, item 4. Defense (Manpower). When such approval
cannot be obtained. the 'Department of b. Under a Renewal Agreemen The tour
Defense component proposing the exception of duty under a renewal agreement begins on will submit to the Assistant Secretary of the date the employee reports for duty at Defense (Manpower) a statementfrorn the dis- the overseas duty station following his comsenting Department of Defense component(s) pletion of renewal agreement travel.
Permanei)t Duty Travel C 4009
C 4007 LOSS OF ENTITLEMENT UNDER Z. ACCEPTABLE REASONS FOR RELEASE
AN AGREEMENT FROM PERIODS OF SERVICE REQUIREMENTS
Denial of transportation and/or indebtedness subject to collection action for reimburse- a. General. Acceptable reasons for rement of transportation furnished may be the lease from periods of service requirements result if Chere is: in the continental United States or overseas
service include, but are not limited to, the
1. failure, for reasons unacceptable to the following:
employing activity, to meet or comply
with the conditions specified in an 1. illness not induced by misconduct;
agreement; Z. enlistment or call to active duty in the
2. failure to report for duty assignment; Armed Forces;
3. failure to return to country or geo- 3. exercising statutory re-employment
graphical locality in which place of rights within a time limitation which
actual residence is located upon sepa- precludes completion of a period of
ration or in connection with leave under se rvice;
a renewal agreement; 4. when an employee is released for the
4. failure to accept earned entitlement or convenience of the Government, is sepbegin authorized transportation upon rated because he is found physically
separation within a reasonable time or mentally unqualified, or is disquali(see par. C4202-2); fied by lack of skill to perform duties
5. loss of dependency status under which for which recruited or for any other
there was previous entitlement, e.g., duties to which he could be assigned
child reaches 21 years of age; (employees separated because of ill6. duplication of entitlement under sepa- ness induced by misconduct or because
rate statutes. of misconduct are not to be considered
separated for the convenience of the
S. separation as a result of reduction in
C 4008 VIOLATION OF AGREEMENT force.
Violation of an agreement refers to failure to meet or comply with the conditions speci- b. Overseas. In addition to the acceptable fied in an agreement. Penalty and indebted- reasons listed in subpar. a. the following ness conditions and collection requirements conditions will be considered acceptable are prescribed in Chapter 11. Transfers from reasons for overseas employees: one duty station to another while serving under a cUrrent agreement within the same military 1. when the immediate presence of an department or agency. even though a new employee is required in the geographiagreement is signed in connection with such cal locality in which place of residence
transfer, is not an agreement violation. is located because of an unforeseen
emergency (Tl e nature and extent of
the "unforeseen emergency" must be
established to the satisfaction of the
C 4009 ACCEPTABLE REASONS FOR commanding officer. Verification must
RELEASE FROM PERIOD OF be received from the American Red
SERVICE REQUIREMENTS Cross or any other equally appropriate
source considered reliable and trust1. GENERAL. An employee serving under a worthy by the commanding officer. It
transportation agreement at a permanent may include such sources as private,
duty station in the continental United States State, or local welfare agencies; the or overseas may be released from the attending physician; or a local pastor,
period of service requirement specified in rabbi, or priest.);
the agreement for reasons beyond his control Z. when completion of the agreed period which are acceptable to the Department of of service would result in extreme
Defense component in which the employee is personal hardship because of circumassigned. Except as provided in subpar. 3. stances beyond his control, such as
the determination of acceptability will be conditions seriously affecting the health.
made by the commanding officer or an welfare, and safetyof employee. serious
official designated by him at the activity illness or death in the immediate family
where the employee is assigned. imminent breakup of the familygroup
C 4010 ____ __DOD Civilian Personnel
(Res.ponsible command officials must partment or agency, will be released from mak-e a positive finding that such hard- the period of service requirement specified ship factors exist, based, wherever in his current agreement provided he vepossible, on verification of the facts mains in the Government service for at least
through the Red Cross and/or other 12 months (see par. C 11007).
channels. Falsification of facts in connection with employment is not a reason
beyond the control of the employee.); C 4010 DOCUMENTATION OF ENTITLE3. when there are significant changes in MENT AND LIMITATIONS
the em~ploye's emnploy-ment sit'uationor
less of economic privileges such as a A record will be maintained inthe employees significant salary loss resulting from. official personnel folder of transportation and downgrading from the grade level the storage entitlement, authorizations, and limiemployee accepted upon assignment, or tations. Maintenance of the record is limited a significant loss in overseas quarters to information and for the period of time allowance payments resulting from necessary to meet the requirements and redowngrading as distinguished from strictions in this Part. Record material may quarters allowance payments which be removed when it is no longer applicable.
may be reduced for other reasons.
3K TRANSFERS TO OTHER DEPARTMENTS OR AGENClES. An employee, serving under a transportation agreement at a permanent duty station in the continental United States or overseas, who transfers to another de-
The same complaints--complaints about personnel policies, complaints about the benefit structure-which prompted the investigations and hearings in both the 92nd and 93rd Congresses led this subcommittee to hold hearings on thesame issues June 15 and 17, 1976. The findings from these 2 days of hearings will be presented below.
One of the primary objectives of the recent hearings was to determine what progress had been made concerning the 10 -recommendations set forth by Chairman Hanley in 19-72. The series of recommendations and the comments of the Department of Defense follow:
RECOMMENDATIONS AND COMMENTS
1. The new Subcommittee on Retirement and Employee Benefits should hold hearings as soon as possible on the question of changing the benefit system for overseas teachers. There is substantial evidence that the current system, both in theoryand practice, has created substantial problems within teachers' ranks and has created many inequities. 'The current pay system for overseas teachers was founded on the assumption that normal civil service procedures and pay scales -are not applicable to the teaching profession. There are strong indications that the same can be said for the benefit structure for overseas employees which is not tailored for the relatively unique demands -and structure of the teaching profession.
Comnwnt.-The overseas allowances and benefits system covers all Federal employees abroad. The problems and inequities that this study has singled out apply to all U.S. employees abroadand are not unique to teachers. Since other employees face thesame problems abroad as teachers do, we believe there is no need for a special set of benefits just for teachers. The major problem can be reduced to a simple dimension: locally hired employees are not eligible (except under unusual conditions) for housing, or housing allowance or for transportation benefits. Accordingly, it is our contention, and we are supported by State and OMB, that these benefits are intended as recruitment and retention incentives. Since that is the case, the Department concludes that these benefits are not needed and, under current regulations, cannot be justified where individuals already have taken up residence in a foreign area for their own personal convenience prior to being employed by the United States.
2. The Departmentof Defense should take immediate steps to base pay schedules on current rather than year-old schedules used by local jurisdictions in the United States. This was clearly the intent of Congress, and the failure of the Department to follow the law in good faith raises serious doubt in our minds as to its whole attitude toward overseas teachers. Failing this, Congress should seriously consider the speedy consideration of legislation to correct this inequity.
Co? ment.-The compensation practices of the DODDS have been revised, and salary schedules are now based upon current school year
rates. Since the data which are used to establish our pay rates are not available until sometime af ter the beginning-of the school year, usually late -November or early December, the pay schedules are is-sued and are applied retroactively to the beginning of the school year.
3. Similarly, the Department of Deflense should immediately rescind its policy of granting salary credit for only 2 years' prior experience. Again, it was not the intent of Congress that such a restriction be placed into effect and it is not the practice of most school jurisdictions in the United States, which is supposed to be reflected by the dependent school system. Again, if the Department fails to act, Congress should move expeditiously to pass the necessary legislation.
Comment.-The compensation practices of the DODDS have been revised, and the practice of recognizing only 2 years of prior teaching experience in establishing a, step rate has been discontinued. Credit is now given for prior experience on the same basis that such credit is accorded educators by urban school jurisdictions of 100,000 or more population in the United States. Data as to the amount of prior experience that is recognized for pay fixing purposes are obtained each year from the school systems included in the sample. The average number of years recognized is computed from these data and is established as the maximum that can be recognized by DODDS. Upon appointment (or reappointment), each educator is advanced one step on the appropriate salary schedule for each year of creditable service up to this maximum. Both Federal and non-Federal experience is so credited. For SY 75/76, up to 10 years of prior experience may be credited.
4. The Subcommittee on Retirement and Employee Benefits should initiate a study to determine the feasibility of granting teachers unlimited accumulation of leave which can be used for sickness.
Commennt.-At the present time, 20 USC 904 limits the amount of teachers' leave which may be accumulated by. DODDS teachers to 75 days. Amendatory legislation would be required either to increase or eliminate this ceiling. In this regard, the Department of Defense has included proposed legislation to accomplish this in its legislative program for both the 93d and 94th Congress. This proposed legislation currently is pending in 0M1B.
5. The Department of Defense should reconsider its rather inflexible policy of equating all teachers regardless of length of service with first lieutenants for the purpose of housing. Better base housing should be provided teachers with relatively long service.
6Commet.-The Department of Defense, recognizing that teachers should not *have to reside in the same type 'of quarters for their entire career, revised the housing policy in January 1973 to permit a teacher to move to more auspicious quarters after hie or she had served several years with DODDS. Under the old policy. a teacher (for purposes of assignment to quarters) was considered to equate with ain 02 (first lieutenant) and could never improve that lot. Under the new policy, a teacher, upon reaching step 5 on the salary schedule, would equate with 03 (captain) for purposes of assignment, to quarters. Teachers residing in private rental housing on the local economyv also receive a higher maximum living quarters allowance under the'new policy.
The new "Military and Civilian Schedule of Equivalent Grades" is attached (see p. 36).
6. The Department of Defense should encourage a policy whereby teachers should be serviced bv the closest finance office available; regardless of which service operates the finance office. If this in some cases proves impossible,. every attempt should be made to see that teachers' checks are received on time, even if a special courier is required where the mail service has proved inadequate or inconsistent.
Comment.-Considerable effort has been made since this report appeared in September 1973 to eliminate pay problems without revismig the centralized civilian pay concept prevailing throughout the European area. This concept was relatively new when, the study was made, and it was apparently still suffering from growing pains. Special efforts were made, particularly in the outlying areas; that is, England, Italy, Bahrain, etc., and we believe most of the systemic problems have been eliminated. The few problems that recently have been brought to our attention involve the processing of payroll change items and transfer of records from one payroll office to another Xn effort is under way to resolve these difficulties. Knowing the importance of pay to our employees continuous -attention is given to this item, with the objective of assuring timely payment.
7. The Department of Defense should redouble its efforts to provide accurate, comprehensive orientation material for teachers moving into new areas.
Comment.-At the time the Hanley stud y took place (NovemberDecember 1972), it was the practice to recruit teachers on a countrywide basis. These recruited teachers were not assigned to a specific location until after their arrival in the overseas area. Since the recruiters and processors in the United States didn't know where any particular teacher was to be assigned, only very general information could be provided during the stateside orientation.
This practice has been discontinued. A teacher is now recruited for and assigned to a specific school location. It is now possible, and the Department of Defense fully understands the need, to supply newly recruited teachers with as much information as possible prior to their departure for their overseas assignment.
A sponsorship program has been initiated in Europe with noteworthy military support. Under the provisions of this program, sponsors are designated for each teacher. They write to newr assigned teachers, providing them with local information as to the availability of Government housing, rental costs and availability of local economy housing, school/conimunity information, facilities, weather, clothing, household furnishings, etc. They meet the teacher upon arrival and do what they can to reduce the "culture, shock." This program has been very effective.
8. The Department's emphasis on the hiring of dependents should be reconsidered. Special attention should be given to the assertion that, on occasion, the policy has led to the hiring of less qualified teachers than independents who are immediately available.
Comment.-The Department of Defense has -reviewed its policy which requires that locally available, fully qualified dependents be given preference in employment.
This policy was developed in response to a concern expressed by the Congress in 1971 for an enhancement of employment opportunities for dependents of members of the U.S. forces stationed abroad. A modification was made in August 1973 which permits the employment of a locally available nondependent candidate with clearly superior qualifications as an exception to the dependent hire policy. The regional superintendent is authorized to grant an exception when the nondependent's educational background, specialized experience, and credentials are clearly superior.
Preference need only be given to those dependents who are expected to remain in the area for the entire school year. If the sponsor is scheduled to rotate before the end of the school year, his (or her) dependents need not be hired under this policy.
9. Greater effort should be made to expedite requests for transfers and to give teachers desiring transfers precedence over new local hires.
Comm ent.-Transfer of teachers should occur when such a transfer is primarily indicated to be in the best interests of the Government, since payment of travel and transportation expenses are to be authorized only when the transfer is clearly in the best interests of the Government. If a transfer is undertaken solely for the convenience or benefit of the teacher, travel and transportation expenses cannot legally be authorized. Accordingly, we must establish some kind of ground rules for transfer which insure that in addition to meeting the interests of the teacher, there can be some demonstrable benefits in the interest of Government. An example of a transfer which is clearly in the best interest of the Government would be one in which a teacher would agree to serve in a hardship area for a specific period of time, with the understanding that at the end of that specified period of time, the teacher would be moved to an area of the teacher's preference. In contrast, if a transfer is requested solely because a teacher would like to encounter living experience in different parts of the world, such transfer should not be subsidized by the Federal Government unless there is a clearly demonstrated reciprocal benefit to the Government or to its school system. In terms of stability of the school system, and the fundamental economics of managing so vast a school system, prudence in selection of teachers, locations, and tenure are a continuing responsibility of the Department.
10. Both the Department and Congress should give serious consideration to proposals to place the jurisdiction for the overseas dependent schools in an education-related agency such as the Department of Health, Education, and Welfare.
Cam ment.-The Department of Defense was not requested to comment on this item. As of July 1, 1976, all parts-the Army dependent schools, the Navy dependent schools, the Air Force dependent schools-of the Oversea Dependents' School System have been consolidated into a single organization as part of the Office. Secretary of Defense. The subcommittee hopes that this nation will eliminate many disparities within the system. However, this reorganization will be monitored very carefully to insure that the arbitrary anmid capricious directive, rules, and regulations that have characterized the system in the past do not recur.
MILITARY AND CIVILIAN SCHEDULE OF EQUIVALENT GRADES
The following table is based on the military/civilian relationship established for Geneva Convention purposes. Nonappropriated Fund positions will be considered equivalent to their counterparts under the General Schedule and Wage -System and 10 United States Code 1581 positions will be considered equivalent to GS-16 through GS-18 positions. Navy Wage positions of Chief Pilot, Pilot, General Foreman, Foreman and Leader, not included in the table, will be determined by the Department of the Navy using the table as a guide. With respect to the Wage System, when a more precise relationship to military rank or General Schedule grades is necessary this will be determined by the installation commander using the grade groupings in the table as a guide. Finally, equivalent grades for other civilian employees not included in the table will be determined by the installation commander using the table as a guide.
Military Civilian Grade Group
Grade General Teachers Wage
Group Schedule (20 U.S.C. 901-907) System
thru thru --
0-10 Gs -18
0- GS-15 -- -GS-13
0-5 and -- WS-14 thru WS-19
GS-14 WL-15 and Production
0-4 GS-12 Class IV and Support Equivalents
Class I Step 5
GS-10 thru Step 15
0-3 and Class II and
GS-11 Class III WS-8 thrua WS-13
0-2 GS-8 WL-6 thru WL-14
W-3 and Class I Step 3 WG-12 thru WG-15
and GS-9 and Step 4 and Production
W-_ Support Equivalents
W-1 GS-7 Class I Step 1
and and Step 2
thru GS-6 -- wS-1 thru WS-7
E-9 WL-1 thru WL-5
E-5 WG-9 thru WG-11
and GS-5 -E-6
E-4 GS- 6 -E-1 GS-1 WG-1 thru WG-8
thru thru -E-3 GS-3
All in all, with the notable exception of the first recommendation, this subcommittee, has been pleased with both the progress and the personnel administering the reorganized Overseas Dependents' School System. This office has cooperated with the subcommittee throughout our hearings and in the preparation of this report. However, the fact remains that there are still two serious problems which have consistently undermined the will of Congress and, if left uncorrected, they could undermine the entire program. They are: (1) Granting of benefits based on arbitrary regulations and place of hire and recruitment rather than law; and (2) Arbitrary conversion from NTE status to career status without any guidelines for automatic conversion.
These problems, as mentioned repeatedly, stem from the benefit structure. During testimony before this subcommittee, the Deputy Assistant Secretary of Defense for Civilian Personnel Policy, Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs, stated the current policy pertaining to teacher benefits and the rationale for this policy. The, Secretary said that the granting of overseas differentials and -allowances to employees is governed by the Department of State regulations which have appeared earlier in this report. These regulations do not authorize the payment of a differential or the granting of a living quarters allowance for locally hired teachers, except under unusual circumstances. One example of all unusual circumstance brought out in the hearings would be the authorization of a transportation allowance in the case of a woman who is abandoned overseas by her husband.
The Secretary went on to say that:
The basic purpose of these benefits which may be authorized
for U.S. citizen employees in foreign countries are recruitment and retention incentives, as in the case of the post differential and the living quarters allowance, or to offset those additional expenses necessarily incurred because of overseas service, as in the case of the cost-of-living allowance. It is clear that there is no justification for payment of recruitment and retention incentives where individuals bave already taken up residence in a foreign area for their own personal convenience prior to being employed by the United States.
Some individuals travel overseas with the hope of enhancing their employment opportunities while other locally employed U.S. citizens may have been local residents for a C onsidei-a'ble length of time. Most are dependents of military or civilian employees of the Department of Defense. While these locally available persons are, utilized as appropriate, it does not follow that they should automatically become eligible for the recruitment incentive benefits. Offering these allowances to persons who are already in the foreign area for their own
convenience and seeking employment would be inconsistent with the basic intent of the allowances and thus could constitute an unwarranted expense to the Government.
In essence, the Department of Defense testified that by allowing only certain benefits as recruitment incentives, it is carrying out the intent of Public Law 86-91 and Public Law 86-707. However, the subcommittee noted that the "intent" as interpreted by the Department has been subject to change from time to time. Up until March 251 1971, all the allowances and differentials could be paid to people who were hired locally. At the request of the Department of Defense, the State Department dropped a provision in the regulations which permitted some local hires who were temporarily in the foreign area for travel or formal study to be granted these additional benefits. In order to receive these benefits, it was required that immediately prior to such travel or study, an employee had to be a resident of the United States, Puerto Rico, or the Canal Zone. The reason given for dropping this provision was the "tremendous problems that we (DOD) were having in applying the judgmental factors as to the purpose of an individual being in the country. It was decided that rather than try to judge who should get it and not get it, it would be better not to give it to anyone hired locally."
Although there, is no specific area of law that speaks to the granting of specific benefits for incentive purposes based on areas of -recruitment, certain benefits have been interpreted as such. The law does, however, declare, that the purpose is to improve and strengthen the administration of overseas activities by facilitating the recruitment and retention of the best qualified personnel for civilian service overseas. It is very difficult and at best heroic to believe that denial of benefits to U.S. citizens recruited overseas facilitates their retention. It is even more difficult to believe that the current policy is in accordance with "establishing the basis for more efficient and equitable administration of the laws compensating Government employees for the extra costs and hardships incident to their assignments." Another purpose stated in Public Law 86-707 is to provide for uniform treatment of Government employees stationed overseas to the extent justified by relative conditions of employment. The point of hire was not intended to be construed as a relative condition of employment. Nowhere in either the hearings, the reports accompanying the various bills, or in the actual law, is the point of hire or recruitment referred to as a relative condition of employment, or for the granting of benefits. However, throughout past hearings, reports, and legislation, other relative conditions of employment are discussed at length; these other relative conditions of employment are the, same regardless of the point of hire: that is, school buildings and grounds, living environment, responsibilities, supervisors, et cetera. At this juncture, it is also, of value to point out that both Stateside and local hires must meet the same minimum credential standards as a condition of employment. Yet, by regulation, not law, DOD has attempted to justify the granting of benefits to one, group of U.S. citizens and not the other, based solely on the point of hire, or recruitment.
The disparity of benefits discussed up to this point has been directed at those teachers serving in career status with the only difference
being poit of hire. The attention will now f ocus on another group: temporary teachers, known as NTE's (not to exceed) because of their employment is not to exceed the school year. Not only is this group ineligible for the transportation, housing, and shipment of household goods allowances, they are also ineligible to participate in the Civil Service Retirement System- and the Federal Employees' health benefits program. They receive only commissary and exchange privileges, and cost-of-living allowances. However, these benefits are terminated at the end of the school year.
Provisions do exist for converting NTE's to career status, after the completion of 1 school year, but it is not automatic, and it is left primarily to the discretion of the administrators. The subcommittee has no objection to temporary teachers (NTE's) within the system as there is clearly a need for flexibility due to the changing manpower requirements at our overseas military bases. There does, however, appear to be some abuse of this flexibility based on the many complaints received by this subcommittee. This practice results from the policy whereby an individual is hired for 1 school year as an NTE and then terminated at the end of the year, and rehired in the same capacity the following year. This was brought out at the recent hearings; in fact, one man pointed out to the subcommittee staff that he had been employed in this 'NTE status for 10 years. The subcommittee feels there can be no justification for hiring the same person temporarily over a consecutive period of years, other than convenience or lack of plannning.__Su-BcOMM._iwFEE RwcoMi1f-N -NrATIONs
In view of its findings, the subcommittee recommends that immediate action be taken to correct the existing inequities. This subcommittee recommends: (1) Even though the authority to grant the transportation allowance, the shipment of household effects allowance, and the quarters or housing allowance presently exists, legislation be enacted making these benefits available to all teaching career status employees, regardless of the point, of hire. While the Department of Defense contends that there is no need for a special set of benefits just for teachers, it must be pointed out that Public Law 8691, which exempts teachers from the Classification Act of 1949, was enacted for specifically this reason and with the blessing of the Defense Department. The subcommittee believes there should be as little room as possible for arbitrary and capricious substitution of independent views or judgment by any Federal civilian or military official, on U.S. citizens when they have to meet the same requirements for hire and have achieved career status.
(2) The Department of Defense should be directed that conversion to career status should be mandatory under law upon being hiredI for his or her third consecutive year.
(3) The Department of Defense should be directed to prepare a form by no later than the 1,977-78 school year which all NTE's must sign acknowledging exactly what their benefits are to be and the duration of each benefit.
UNIVERSITY OF FLORIDA
40 3 1262 09114 9996
In making these recommendations, this subcommittee wishes to make one point very clear: Any legislation should be carefully worded to insure that there is no duplication of benefits, either public or private.
The subcommittee recommends that the Department of Defense study and draft a program for the recertification of its teachers and administrators to be given not less than every 6 years, in order to insure its teachers are of top quality and highly knowledgeable in their fields. The subcommittee feels that DOD sl ould be directed to look into the feasibility of granting a semester sabbatical leave on a, rotating basis upon the completion of each 5 years of servim.
Although the cost of enacting legislation of the type, recommended in point No. 1 has not been calculated, the Department stated in testimony that extending these benefits to local hires would be a residual factor. The number of people affected would be approximately 2 percent of the teacher work force.