An Act to provide for allotment and advancement of pay with respect to civilian employees of the United States in cases of emergency evacuations in oversea areas, and for other purposes
PL 87-304 (H.R.2555), enacted 09/26/1961

662 
PUBLIC LAW 87-304-SEPT. 26, 1961 
[75 ST A T . 
September 26, 1961 
[H. R. 2555] 
Public Law 87-304 
AN ACT 
To authorize pay with respect to civilian employees of the United States in 
eases of emergency evacuations, to consolidate the laws governing allotment 
and assignment of pay by such employees, and for other purposes. 
Civilian employ-
ees of U. S. 
Emergency evac-
uation. 
Pay authorized. 
Adv a n c e 
p a y -
ment. 
A u t h o r i z e d 
rates. 
Am o unt s 
coverable. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That, for the pur-
poses of this Act, the term— 
(1) "department" means— 
(A) each executive department of the Government of the 
United States of America ; 
(B) each agency or independent establishment in the executive 
branch of such Government; 
(C) each corporation wholly owned or controlled by such 
Government; 
(D) the j udicial branch of such Government; 
(E) the General Accounting Office; 
(F) the Library of Congress; and 
(G) the municipal government of the District of Columbia. 
(2) "head of each department" or "department head" means— 
(A) the Director of the Administrative Office of the United 
States Courts with respect to the judicial branch of the Govern-
ment ; and 
(B) the Board of Commissioners of the District of Columbia 
with respect to the municipal government of the District of 
Columbia. 
(3) "United States", when used in a geographic sense, means the 
several States of the United States of America and the District of 
Columbia. 
r 
SEC. 2. (a) The head of each department is authorized to provide 
for the payment, in advance, of compensation, allowances, and differ-
entials, or any of them, covering a period of not more than thirty days, 
to or for the account of each employee of such department (or, under 
emergency circumstances and on a reimbursable basis, an employee of 
any other department) whose evacuation (or that of his dependents 
or immediate family, as applicable) from a place wdthin or outside the 
United States is ordered for military or other reasons which create 
imminent danger to the life or lives of such employee or of such de-
pendents or immediate family. 
(b) Subject to adjustment of the account of such employee in 
accordance w^ith section 4 of this Act and other applicable law, such 
advance payment of compensation, allowances, and differentials shall 
be at rates then currently authorized with respect to such employee, 
on the date such advance payment is made, under procedures of such 
department governing advance payments under this subsection; but 
such rates so authorized shall not exceed the rates to which such em-
ployee w^as entitled immediately prior to the issuance of such order 
of evacuation. 
(c) An advance of funds under subsection (a) of this section shall 
be recoverable by the Government of the United States or the munic-
ipal government of the District of Columbia, as the case may be, 
from such employee or his estate— 
(1) by setoff against accrued compensation, amount of retire-
ment credit, or other amount due such employee from the Gov-
ernment of the United States or the municipal government of the 
District of Columbia, and 
(-2) by such other method as may be provided by law. 
75 S T A T . ] 
PUBLIC LAW 87-304-SEPT. 26, 1961 
(d) The head of the department concerned is authorized to waive 
in whole or in part any right of recovery of an advance of funds under 
subsection (a) of this section, if it is shown that such recovery would 
be against equity and good conscience or against the public interest. 
SEC. 3. (a) The head of each department is authorized— 
(1) to provide for the payment of monetary amounts, cover-
ing a period of not more than sixty days (except that the Presi-
dent may extend such period with respect to the executive branch 
for not more than one hundred and twenty additional days if 
he determines that the extension of such period is in the interest 
of the United States), to or for the account of each employee of 
such department (or, under emergency circumstances and on a 
reimbursable basis, an employee of any other department)— 
(A) whose evacuation from a place within or outside the 
United States is ordered for military or other reasons which 
create imminent danger to the life of the employee, and 
(B) who is prevented, by circumstances beyond his con-
trol and beyond the control of the Government of the United 
States or the municipal government of the District of Colum-
bia, or both, as applicable, from performing the duties of the 
position which he held immediately prior to the issuance of 
such order of evacuation; and 
(2) to provide for the termination of payment of such amounts. 
(b) Subject to adjustment of the account of such employee in 
accordance with section 4 of this Act and other applicable law, each 
payment under this section shall be at rates of compensation, allow-
ances, and differentials, or any of them, then currently authorized 
with respect to such employee, on the date such payment is made, 
under procedures of such department governing payments under this 
section. Such rates so authorized shall not exceed the rates to which 
such employee was entitled immediately prior to the issuance of the 
order of evacuation, except that any such employee in the executive 
branch may be granted such additional allowance payments as the 
President determines necessary to offset the direct added expenses 
incident to the evacuation. 
(c) Each period for which payment of amounts may be made under 
this section to or for the account of an employee shall be held and 
considered, for all j)urposes with respect to such employee, as a period 
of active service (without break in service) rendered by such employee 
in the employment of the Government of the United States or the 
municipal government of the District of Columbia. 
SEC. 4. The head of each department— 
(1) shall provide for the review of the account of each employee 
of such department in receipt of payments in accordance with 
section 2 or 3, or both, as the case may be, of this Act, and 
(2) shall provide for the adjustment of the amounts of such 
payments on the basis of (A) the rates of compensation, allow-
ances, and differentials to which such employee would have been 
entitled, under applicable law other than this Act, for the respec-
tive periods covered by such payments, if he had rendered active 
service, in accordance with the terms of his appointment, during 
each such period in the position which he held immediately prior 
to the issuance of the applicable order of evacuation and (B) such 
additional amounts as such employee may be authorized to receive 
in accordance with a determination of the President under sec-
tion 3(b) of this Act. 
SEC. 5. The head of each department is authorized to establish pro-
cedures under which each employee of such department is permitted 
Waiver. 
Diiration 
ment. 
of pay-
Authorized rates. 
Active ser V i c e 
period. 
Rev i e w 
counts. 
of a c-
Assignments of 
664 
PUBLIC LAW 87-304-SEPT. 26, 1961 
[75 S T A T . 
Coordination 
procedures. 
of 
Issuance of regu-
lations. 
Alio t m e n t s 
pay. 
of 
Funds reimburs-
able. 
Repeals. 
U. S. Geological 
Survey. 
R e c l a m a t i on 
Service. 
to make allotments and assignments of amomits out of his compen-
sation for such purpose as such department head deems appropriate. 
SEC. 6. (a) To the extent practicable in the public interest, the 
President shall coordinate the policies and procedures of the respective 
departments in the executive branch under this Act. 
(b) The President, with respect to the executive branch, and the 
head of the department concerned, with respect to the appropriate de-
partment outside the executive branch, shall prescribe and issue, or 
provide for the formulation and issuance of, such regulations as are 
necessary and appropriate to carry out the provisions, accomplish 
the purposes, and govern the administration, of this Act. 
Such reg-
ulations shall be issued on or before the ninetieth day following the 
date of enactment of this Act and shall become effective on the ninetieth 
day following the date of issuance. 
(c) The head of each department in the executive branch is au-
thorized to prescribe and issue such regulations (not inconsistent 
with the regulations of the President issued under subsection (b) 
of this section) as are necessary and appropriate to carry out the func-
tions of such department head under this Act. 
SEC. 7. Notwithstanding any provision of this Act or the repeal 
or amendment thereby of any provision of law, and until such time as 
regulations prescribed by or under authority of the President are is-
sued under section 6(b) of this Act and become effective, allotments 
and assignments of pay of employees in the executive branch may be 
made in accordance with such provisions of law so amended or re-
pealed and the regulations issued thereunder; and such regulations 
may be amended or revoked in accordance with such provisions of law. 
SEC. 8. Funds available to each department for payment of com-
pensation, allowances, and differentials to or for the accounts of 
civilian officers and employees of such department also shall be 
available for payment of compensation, allowances, and differentials 
to or for the accounts of employees of any other department in accord-
ance with this Act and on a reimbursable basis. 
SEC. 9. (a) The following provisions of law are hereby repealed: 
(1) The Joint Resolution entitled "Joint Resolution authoriz-
ing assignment of pay of teachers and other employees of the 
Bureau of Education in Alaska", approved March 21, 1906 (34 
Stat.824;48U.S.C.l7l); 
(2) The paragraph in the first section of the Act of June 30, 
1906, under the heading "Under the Department of the Interior", 
under the subheading "United States Geological Survey", and 
under the caption "Scientific Assistants of the Geological Sur-
vey" (34 Stat. 727; 43 U.S.C. 35), which reads as follows: 
"The Secretary of the Interior is hereby authorized to permit scien-
tific and other employees of the United States Geological Survey, 
employed in the field, to make assignments of their pay, under such 
regulations as he may prescribe, during such time as they may be in 
the employ of the United States Geological Survey. And the Sec-
retary of the Interior is further authorized, in his discretion, under 
such regulations as he may prescribe, to reimburse the scientific and 
other employees for expenses incurred by them in the discharge of 
their duties in the field and paid from their personal funds."; 
(3) That part of the first section of the Act of May 27, 1908, 
under the heading "Under the Department of the Interior", under 
the subheading "United States Geological Survey", and under 
the caption "For General Expenses of the Geological Survey" 
(35 Stat. 350; 43 U.S.C. 382), which reads as follows: 
"The Secretary of the Interior is hereby authorized to permit the 
employees of the Reclamation Service, while employed in the field, to 
75 S T A T . ] 
PUBLIC LAW 8 7 - 3 0 4 - S E P T . 26, 1961 
665 
make assignments of their pay under such regulations as he may 
prescribe.', 
(4) The second paragraph under the center heading "MISCEL-
LANEOUS" and under the side heading "Paper Tests" in the Act 
entitled "An Act making appropriations for the Department of 
Agriculture for the fiscal year ending June thirtieth, nineteen 
hundred and ten", approved March 4, 1909 (35 Stat. 1057; 5 
U.S.C. 529), which reads as follows: 
"And hereafter the Secretary of Agriculture is authorized to per- g^^ricuitui-e De-
mit employees of the Department of Agriculture to make assignments ^* "*" * 
of their pay, under such regulations as he may prescribe, durmg such 
time as they may be in the employ of the said department."; 
(5) The proviso contained in the second paragraph under the 
center heading "DEPARTMENT OF COMMERCE 
AND 
LABOR" and under the side heading "Office of the Secretary" 
in the Act entitled "An Act making appropriations for the legis-
lative, executive, and judicial expenses of the Government for the 
fiscal year ending June thirtieth, nineteen hundred and eleven, 
and for other purposes", approved June 17, 1910 (36 Stat. 524; 
5 U.S.C. 595), which reads as follows: ^''Promded^ That the Sec-
retary of Commerce and Labor is hereby authorized, under such 
regulations as he may prescribe, to permit officers and employees 
of the several bureaus and divisions of the Department of (Com-
merce and Labor to assign their salaries while aosent from Wash-
ington, District of Columbia, and employed in the field"; and 
(6) The Act entitled "An Act authorizing allotment of pay by 
civilian personnel stationed abroad", approved May 14, 1937 
(50 Stat. 166; 5 U.S.C. 75c). 
(b) That part of the first section of the Act of March 4, 1907, deu°/slirTe' ^^°' 
under the heading "LTnder the Department of Commerce and Labor" * *
^ '"•^ey-
and under the subheading "Coast and Geodetic Survey", as amended 
by the first section of the Act of June 21,1955 (69 Stat. 169; 33 U.S.C. 
862), relating to assignments and allotments of pay of personnel of 
the United States Coast and Geodetic Survey, is amended to read as 
follows: 
"Commissioned officers of the United States Coast and Geodetic 
Survey are authorized to make assignments or allotments of their pay 
under such regulations as the Secretary of Commerce may prescribe. . 
(c) Section 3689(d) of title 10 of the United States Code is 
roAstat. 213. 
amended— 
(1) by inserting the word "or" immediately following the semi-
colon at the end of clause (1); 
(2) by striking out the word "or" immediately following the 
semicolon at the end of clause (2); and 
(3) by striking out clause (3) which reads: 
"(3) permanent civilian employee of the Department of the 
Army on duty outside the United States;". 
(d) Section 8689(d) of title 10 of the United States Code is 
70Astat. 537. 
amended— 
(1) by inserting the word "or" immediately following the semi-
colon at the end of clause (1); 
(2) by striking out the word "or" immediately following the 
semicolon at the end of clause (2) ; and 
^3) by striking out clause (3) which reads: 
"(3) permanent civilian employee of the Department of the 
Air Force on duty outside the United States;". 
Approved September 26, 1961. 
64207 0-62—45