-CITE-

5 USC CHAPTER 59 - ALLOWANCES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

.

-HEAD-

CHAPTER 59 - ALLOWANCES

-MISC1-

SUBCHAPTER I - UNIFORMS

Sec.

5901. Uniform allowances.

5902. Increase in maximum uniform allowance.

5903. Regulations.

SUBCHAPTER II - QUARTERS

5911. Quarters and facilities; employees in the United States.

5912. Quarters in Government owned or rented buildings; employees

in foreign countries.

5913. Official residence expenses.

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

5921. Definitions.

5922. General provisions.

5923. Quarters allowances.

5924. Cost-of-living allowances.

5925. Post differentials.

5926. Compensatory time off at certain posts in foreign areas.

5927. Advances of pay.

5928. Danger pay allowance.

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

5941. Allowances based on living costs and conditions of

environment; employees stationed outside continental United

States or in Alaska.

5942. Allowance based on duty at remote worksites.

5942a. Separate maintenance allowance for duty at Johnston Island.

5943. Foreign currency appreciation allowances.

(5944. Repealed.)

5945. Notary public commission expenses.

5946. Membership fees; expenses of attendance at meetings;

limitations.

5947. Quarters, subsistence, and allowances for employees of the

Corps of Engineers, Department of the Army, engaged in floating

plant operations.

5948. Physicians comparability allowances.

5949. Hostile fire pay.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title XI, Sec. 1111(b), Dec. 28,

2001, 115 Stat. 1238, added item 5949.

1991 - Pub. L. 102-190, div. A, title X, Sec. 1092(a)(2), Dec.

5, 1991, 105 Stat. 1487, added item 5942a.

1983 - Pub. L. 98-164, title I, Sec. 127(b)(2), Nov. 22, 1983, 97

Stat. 1027, struck out item 5944 ''Illness and burial expenses;

native employees in foreign countries''.

1980 - Pub. L. 96-465, title II, Sec. 2310(b), 2311(b), Oct. 17,

1980, 94 Stat. 2166, added items 5927 and 5928.

1978 - Pub. L. 95-603, Sec. 2(b), Nov. 6, 1978, 92 Stat. 3020,

added item 5948.

Pub. L. 95-426, title IV, Sec. 411(b), Oct. 7, 1978, 92 Stat.

981, added item 5926.

1971 - Pub. L. 91-656, Sec. 6(c), 7(b), Jan. 8, 1971, 84 Stat.

1954, substituted ''duty at remote worksites'' for ''duty on

California offshore islands or at Nevada Test Site'' in item 5942

and added item 5947.

1967 - Pub. L. 90-83, Sec. 1(40)(B), (42), Sept. 11, 1967, 81

Stat. 206, 207, added items 5902 and 5903, and inserted ''or at

Nevada Test Site'' in item 5942.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 5307, 9701 of this title;

title 22 section 3664.

-CITE-

5 USC SUBCHAPTER I - UNIFORMS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER I - UNIFORMS

.

-HEAD-

SUBCHAPTER I - UNIFORMS

-CITE-

5 USC Sec. 5901 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER I - UNIFORMS

-HEAD-

Sec. 5901. Uniform allowances

-STATUTE-

(a) There is authorized to be appropriated annually to each

agency of the Government of the United States, including a

Government owned corporation, and of the government of the District

of Columbia, on a showing of necessity or desirability, such sums

as may be necessary to carry out this subchapter. The head of the

agency concerned, out of funds made available by the appropriation,

shall -

(1) furnish to each of these employees a uniform at a cost not

to exceed $400 a year (or such higher maximum amount as the

Office of Personnel Management may establish under section 5902);

or

(2) pay to each of these employees an allowance for a uniform

not to exceed $400 a year (or such higher maximum amount as the

Office of Personnel Management may establish under section 5902).

The allowance may be paid only at the times and in the amounts

authorized by the regulations prescribed under section 5903 of this

title. When the agency pays direct to the uniform vendor, the head

of the agency may deduct a service charge of not more than 4

percent.

(b) When the furnishing of a uniform or the payment of a uniform

allowance is authorized under another statute or regulation

existing on September 1, 1954, the head of the agency concerned may

continue the furnishing of the uniform or the payment of the

uniform allowance under that statute or regulation, but in that

event a uniform may not be furnished or allowance paid under this

section.

(c) An allowance paid under this section is not wages within the

meaning of section 409 of title 42 or chapters 21 and 24 of title

26.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 90-83, Sec.

1(39), Sept. 11, 1967, 81 Stat. 206; Pub. L. 101-509, title V, Sec.

529 (title II, Sec. 202(a)), Nov. 5, 1990, 104 Stat. 1427, 1456;

Pub. L. 102-378, Sec. 2(50), Oct. 2, 1992, 106 Stat. 1353.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a), (b) 5 U.S.C. 2131. Sept. 1, 1954, ch.

1208, Sec. 402, 68

Stat. 1114. May 13,

1955, ch. 40, 69

Stat. 49.

(c) 5 U.S.C. 2132 (less Sept. 1, 1954, ch.

applicability to 1208, Sec. 403

the Civil Service (less applicability

Retirement Act, as to the Civil

amended). Service Retirement

Act, as amended),

68 Stat. 1115.

(d) 5 U.S.C. 2133. Sept. 1, 1954, ch.

1208, Sec. 404, 68

Stat. 1115.

-------------------------------

In subsection (a), the word ''concerned'' is substituted for ''to

which any such appropriation is made''.

In subsection (b), the words ''in his discretion'' are omitted as

unnecessary in view of the permissive nature of the authority.

In subsections (b) and (d), the word ''rules'' is omitted as

covered by the word ''regulations''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5901(a) 5 App.: 2131. Oct. 29, 1965, Pub.

L. 89-301 Sec. 13,

79 Stat. 1122. July

18, 1966, Pub. L.

89-504, Sec.

407(a), 80 Stat.

299.

-------------------------------

The amendment to the third sentence of subsection (a) of 5 U.S.C.

5901, and the deletion of subsection (d) thereof, reflect the

recodification of subsection (d) in 5 U.S.C. 5903 by section

1(40)(A) of this bill. In the last sentence of subsection (a), the

words ''When'' and ''pays'' are substituted for ''In those

instances where'' and ''makes reimbursement'', respectively.

AMENDMENTS

1992 - Subsec. (a)(1), (2). Pub. L. 102-378 substituted ''5902)''

for ''5902).''

1990 - Subsec. (a). Pub. L. 101-509, Sec. 529 (title II, Sec.

202(a)(1)), substituted ''such sums as may be necessary to carry

out this subchapter.'' for ''an amount not to exceed $125

multiplied by the number of employees of the agency who are

required by regulation or statute to wear a prescribed uniform in

the performance of official duties and who are not being furnished

with the uniform.''

Subsec. (a)(1), (2). Pub. L. 101-509, Sec. 529 (title II, Sec.

202(a)(2)), substituted ''$400 a year (or such higher maximum

amount as the Office of Personnel Management may establish under

section 5902).'' for ''$125 a year''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

AVAILABILITY OF APPROPRIATIONS FOR UNIFORMS AND UNIFORM ALLOWANCES

Pub. L. 102-394, title V, Sec. 504, Oct. 6, 1992, 106 Stat. 1825,

provided that: ''Appropriations contained in this Act or subsequent

Departments of Labor, Health and Human Services, and Education, and

Related Agencies Appropriations Acts, available for salaries and

expenses, shall be available for uniforms or allowances therefor as

authorized by law (5 U.S.C. 5901-5902).''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title V, Sec. 504, Nov. 26, 1991, 105 Stat.

1141.

Pub. L. 101-517, title V, Sec. 504, Nov. 5, 1990, 104 Stat. 2221.

Pub. L. 101-166, title V, Sec. 504, Nov. 21, 1989, 103 Stat.

1189.

Pub. L. 100-202, Sec. 101(h) (title V, Sec. 504), Dec. 22, 1987,

101 Stat. 1329-256, 1329-287.

Pub. L. 99-500, Sec. 101(i) (H.R. 5233, title V, Sec. 504), Oct.

18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) (H.R.

5233, title V, Sec. 504), Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title V, Sec. 504, Dec. 12, 1985, 99 Stat. 1132.

Pub. L. 98-619, title V, Sec. 504, Nov. 8, 1984, 98 Stat. 3333.

Pub. L. 98-139, title V, Sec. 504, Oct. 31, 1983, 97 Stat. 889.

Pub. L. 97-377, title I, Sec. 101(e)(1) (title V, Sec. 504), Dec.

21, 1982, 96 Stat. 1878, 1904.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5902, 8331 of this title;

title 10 sections 1593, 1622; title 16 sections 1a-4, 742j-2; title

25 section 2807; title 28 section 530C; title 33 section 540a;

title 37 sections 417, 418; title 38 section 903; title 43 section

1468.

-CITE-

5 USC Sec. 5902 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER I - UNIFORMS

-HEAD-

Sec. 5902. Increase in maximum uniform allowance

-STATUTE-

The Office of Personnel Management may, from time to time, by

regulation adjust the maximum amount for the cost of uniforms and

the maximum allowance for uniforms under section 5901.

-SOURCE-

(Added Pub. L. 90-83, Sec. 1(40)(A), Sept. 11, 1967, 81 Stat. 206;

amended Pub. L. 101-509, title V, Sec. 529 (title II, Sec. 202(b)),

Nov. 5, 1990, 104 Stat. 1427, 1456.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5902 5 App.: 2134. July 18, 1966, Pub.

L. 89-504, Sec.

407(b), 80 Stat.

299.

-------------------------------

The words ''any other provision of'' following

''Notwithstanding'' are omitted as unnecessary. The words

''section 5901 of this title'' are substituted for ''this title''

in three places to reflect the codification of that title in title

5, United States Code.

AMENDMENTS

1990 - Pub. L. 101-509 amended section generally. Prior to

amendment, section read as follows: ''Notwithstanding section 5901

of this title, each of the respective maximum uniform allowances in

effect on April 1, 1966, for the respective categories of employees

to whom uniform allowances are paid under section 5901 of this

title are increased, subject to the maximum allowance authorized by

section 5901 of this title, as follows:

''(1) If the maximum uniform allowance is $100 or more, it is

increased by 25 percent.

''(2) If the maximum uniform allowance is $75 or more but less

than $100, it is increased by 30 percent.

''(3) If the maximum uniform allowance is $50 or more but less

than $75, it is increased by 35 percent.

''(4) If the maximum uniform allowance is less than $50, it is

increased by 40 percent.

The maximum uniform allowances, as in effect on April 1, 1966, and

as increased by this section, may not be reduced.''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5901 of this title; title

33 section 540a.

-CITE-

5 USC Sec. 5903 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER I - UNIFORMS

-HEAD-

Sec. 5903. Regulations

-STATUTE-

The Office of Personnel Management may prescribe such regulations

as it considers necessary for the administration of this

subchapter.

-SOURCE-

(Added Pub. L. 90-83, Sec. 1(40)(A), Sept. 11, 1967, 81 Stat. 206;

amended Pub. L. 96-54, Sec. 2(a)(2), Aug. 14, 1979, 93 Stat. 381;

Pub. L. 101-509, title V, Sec. 529 (title II, Sec. 202(b)), Nov. 5,

1990, 104 Stat. 1427, 1456.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5903 5: 5901(d). (None.)

-------------------------------

The regulatory authority contained in 5 U.S.C. 5901(d), the

source statute for which was section 404 of the act of September 1,

1954, ch. 1208, 68 Stat. 1115, applies also to section 405 of that

act (added by section 407 of the act of July 18, 1966, Public Law

89-504, 80 Stat. 299). Section 405 is codified as 5 U.S.C. 5902 by

this bill.

AMENDMENTS

1990 - Pub. L. 101-509 amended section generally. Prior to

amendment, section read as follows: ''The President shall prescribe

regulations necessary for the uniform administration of this

subchapter.''

1979 - Pub. L. 96-54 substituted ''President'' for ''Director of

the Bureau of the Budget''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5901 of this title.

-CITE-

5 USC SUBCHAPTER II - QUARTERS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER II - QUARTERS

.

-HEAD-

SUBCHAPTER II - QUARTERS

-CITE-

5 USC Sec. 5911 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER II - QUARTERS

-HEAD-

Sec. 5911. Quarters and facilities; employees in the United States

-STATUTE-

(a) For the purpose of this section -

(1) ''Government'' means the Government of the United States;

(2) ''agency'' means an Executive agency, but does not include

the Tennessee Valley Authority;

(3) ''employee'' means an employee of an agency;

(4) ''United States'' means the several States, the District of

Columbia, and the territories and possessions of the United

States including the Commonwealth of Puerto Rico;

(5) ''quarters'' means quarters owned or leased by the

Government; and

(6) ''facilities'' means household furniture and equipment,

garage space, utilities, subsistence, and laundry service.

(b) The head of an agency may provide, directly or by contract,

an employee stationed in the United States with quarters and

facilities, when conditions of employment or of availability of

quarters warrant the action.

(c) Rental rates for quarters provided for an employee under

subsection (b) of this section or occupied on a rental basis by an

employee or member of a uniformed service under any other provision

of statute, and charges for facilities made available in connection

with the occupancy of the quarters, shall be based on the

reasonable value of the quarters and facilities to the employee or

member concerned, in the circumstances under which the quarters and

facilities are provided, occupied, or made available. The amounts

of the rates and charges shall be paid by, or deducted from the pay

of, the employee or member of a uniformed service, or otherwise

charged against him in accordance with law. The amounts of payroll

deductions for the rates and charges shall remain in the applicable

appropriation or fund. When payment of the rates and charges is

made by other than payroll deductions, the amounts of payment shall

be credited to the Government as provided by law.

(d) When, as an incidental service in support of a program of the

Government, quarters and facilities are provided by appropriate

authority of the Government to an individual other than an employee

or member of a uniformed service, the rates and charges therefor

shall be determined in accordance with this section. The amounts

of payment of the rates and charges shall be credited to the

Government as provided by law.

(e) The head of an agency may not require an employee or member

of a uniformed service to occupy quarters on a rental basis, unless

the agency head determines that necessary service cannot be

rendered, or that property of the Government cannot adequately be

protected, otherwise.

(f) The President may prescribe regulations governing the

provision, occupancy, and availability of quarters and facilities,

the determination of rates and charges therefor, and other related

matters, necessary and appropriate to carry out this section. The

head of each agency may prescribe regulations, not inconsistent

with the regulations of the President, necessary and appropriate to

carry out the functions of the agency head under this section.

(g) Subsection (c) of this section does not repeal or modify any

provision of statute authorizing the provision of quarters or

facilities, either without charge or at rates or charges

specifically fixed by statute.

(h) A member of the uniformed service on a permanent change of

duty station or temporary duty orders and occupying unaccompanied

personnel housing -

(1) is exempt from the requirement of subsection (c) to pay a

rental rate or charge based on the reasonable value of the

quarters and facilities provided; and

(2) shall pay such lesser rate or charge as the Secretary of

Defense establishes by regulation.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 99-145, title

VIII, Sec. 809(c), Nov. 8, 1985, 99 Stat. 681.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 3121. Aug. 20, 1964, Pub.

L. 88-459, Sec. 1,

78 Stat. 557.

(b) 5 U.S.C. 3122. Aug. 20, 1964, Pub.

L. 88-459, Sec. 2,

78 Stat. 557.

(c) 5 U.S.C. 3123. Aug. 20, 1964, Pub.

L. 88-459, Sec. 3,

78 Stat. 557.

(d) 5 U.S.C. 3124. Aug. 20, 1964, Pub.

L. 88-459, Sec. 4,

78 Stat. 557.

(e) 5 U.S.C. 3125. Aug. 20, 1964, Pub.

L. 88-459, Sec. 5,

78 Stat. 557.

(f) 5 U.S.C. 3126. Aug. 20, 1964, Pub.

L. 88-459, Sec. 6,

78 Stat. 558.

(g) 5 U.S.C. 3127. Aug. 20, 1964, Pub.

L. 88-459, Sec. 7,

78 Stat. 558.

-------------------------------

In subsection (a)(2), the term ''Executive agency'' is

coextensive with and substituted for ''each executive department of

the Government'', ''each agency or independent establishment in the

executive branch of the Government'', ''each corporation owned or

controlled by the Government'', and ''the General Accounting

Office'' in view of the definition of ''Executive agency'' in

section 105.

In subsection (a)(3), the term ''employee'' is substituted for

''civilian officer or employee'' in view of the definition of

''employee'' in section 2105.

Subsection (a)(7) of former section 3121 is omitted as

unnecessary in view of the definition of ''uniformed services'' in

section 2101.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1985 - Subsec. (h). Pub. L. 99-145 added subsec. (h).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section

813 of Pub. L. 99-145, formerly set out in a Military Family Policy

and Programs note under section 113 of Title 10, Armed Forces.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (f) of this section to issue

regulations provided for therein (relating to provision, occupancy,

and availability of quarters and facilities, determination of rates

and charges therefor, and other related matters, as are necessary

and appropriate to carry out provisions of this section) delegated

to Director of Office of Management and Budget, see section 9(1) of

Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note

under section 301 of Title 3, The President.

-MISC5-

DEPOSIT IN SPECIAL FUND OF RENTS AND CHARGES COLLECTED FOR USE OR

OCCUPANCY OF QUARTERS

Pub. L. 98-473, title I, Sec. 101(c) (title III, Sec. 320), Oct.

12, 1984, 98 Stat. 1837, 1874, as amended by Pub. L. 100-446, title

III, Sec. 316, Sept. 27, 1988, 102 Stat. 1826; Pub. L. 101-121,

title III, Sec. 317, Oct. 23, 1989, 103 Stat. 745, provided that:

''Notwithstanding title 5 of the United States Code or any other

provision of law, after September 30, 1984, rents and charges

collected by payroll deduction or otherwise for the use or

occupancy of quarters of agencies funded by this Act (probably

means Department of the Interior and Related Agencies Appropriation

Act, 1985, as set forth in section 101(c) of Pub. L. 98-473) shall

thereafter be deposited in a special fund in each agency, to remain

available until expended, for the maintenance and operation of the

quarters of that agency: Provided, That nothing contained herein

shall prohibit an agreement between an Indian tribe or tribal

organization and the Secretary of the Interior or the Secretary of

Health and Human Services, pursuant to the Indian

Self-Determination Act, as amended (25 U.S.C. 450 et seq.) (25

U.S.C. 450f et seq.), under which such tribe or tribal organization

may retain rents and charges for the operation, maintenance, and

repair of such quarters.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 17o, 754; title

25 section 450j; title 42 section 12655n.

-CITE-

5 USC Sec. 5912 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER II - QUARTERS

-HEAD-

Sec. 5912. Quarters in Government owned or rented buildings;

employees in foreign countries

-STATUTE-

Under regulations prescribed by the head of the agency concerned

and approved by the President, an employee who is a citizen of the

United States permanently stationed in a foreign country may be

furnished, without cost to him, living quarters, including heat,

fuel, and light, in a Government owned or rented building. The

rented quarters may be furnished only within the limits of

appropriations made therefor.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 509.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118a. June 26, 1930, ch.

622, 46 Stat. 818.

Sept. 6, 1960, Pub.

L. 86-707, Sec.

511(c)(6), 74 Stat.

801.

-------------------------------

The words ''which appropriations are hereby authorized'' are

omitted as unnecessary in view of section 5509.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5922 of this title; title

20 section 905; title 22 sections 287e, 287r, 1474.

-CITE-

5 USC Sec. 5913 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER II - QUARTERS

-HEAD-

Sec. 5913. Official residence expenses

-STATUTE-

(a) For the purpose of this section, ''agency'' has the meaning

given it by section 5721 of this title.

(b) Under such regulations as the President may prescribe, funds

available to an agency for administrative expenses may be allotted

to posts in foreign countries to defray the unusual expenses

incident to the operation and maintenance of official residences

suitable for -

(1) the chief representatives of the United States at the

posts; and

(2) such other senior officials of the Government of the United

States as the President may designate.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3039. Aug. 2, 1946, ch.

744, Sec. 22, added

Sept. 6, 1960, Pub.

L. 86-707, Sec.

311(a), 74 Stat.

796.

-------------------------------

The word ''agency'' is substituted for ''department'' and defined

to conform to the definition of ''department'' in section 18 of the

Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State empowered to prescribe regulations governing

allotment to posts in foreign countries, for purpose stated in this

section, of funds available to the departments for administrative

expenses, and to designate senior officials of this Government in

foreign countries, see section 1(c) of Ex. Ord. No. 10903, Jan. 11,

1961, 26 F.R. 217, set out as a note under section 5921 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 287e, 287e-1,

2687; title 26 section 912.

-CITE-

5 USC SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND

ALLOWANCES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

.

-HEAD-

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-CITE-

5 USC Sec. 5921 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5921. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''Government'' means the Government of the United States;

(2) ''agency'' means an Executive agency and the Library of

Congress, but does not include a Government controlled

corporation;

(3) ''employee'' means an employee in or under an agency and

more specifically defined by regulations prescribed by the

President;

(4) ''United States'', when used in a geographical sense, means

the several States and the District of Columbia;

(5) ''continental United States'' means the several States and

the District of Columbia, but does not include Alaska or Hawaii;

and

(6) ''foreign area'' means -

(A) the Trust Territory of the Pacific Islands; and

(B) any other area outside the United States, the

Commonwealth of Puerto Rico, the Canal Zone, and territories

and possessions of the United States.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3032. Sept. 6, 1960, Pub.

L. 86-707, Sec.

111, 74 Stat. 792.

-------------------------------

In paragraph (1), the words ''of America'' are omitted as

unnecessary.

In paragraph (2), the word ''agency'' is substituted for

''Government agency''. The term ''Executive agency'' is

substituted for the reference to ''each executive department of the

Government, each independent establishment or agency in the

executive branch of the Government, including each corporation

wholly owned (either directly or through one or more corporations)

by the Government''. The exception of ''a Government controlled

corporation'' is added to preserve the application of this

subchapter to corporations wholly owned by the Government.

In paragraph (3), the word ''employee'' is substituted for

''individual in the civilian service'' in view of the definition of

''employee'' in section 2105. Reference to ''ambassadors,

ministers, and officers of the Foreign Service under the Department

of State'' is omitted as included in the definition of

''employee''.

In paragraph (4), the words ''of the United States of America''

are omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC5-

LIMITATION ON HOUSING BENEFITS

Pub. L. 101-246, title I, Sec. 156, Feb. 16, 1990, 104 Stat. 46,

provided that:

''(a) In General. - The Secretary of State shall establish and

implement an appropriate housing policy and space standards in

consultation with all agencies with employees outside the United

States who are under the authority of the chief of mission or with

other agencies or employees who participate in the overseas housing

program. Such policy may not provide housing or related benefits

based solely on the representational status of the employee, except

if such individual is the ambassador, deputy chief of mission,

permanent charge, or the consul general when serving as the

principal officer.

''(b) Waiver. - The Secretary of State may grant exceptions to

the restriction on providing housing or related benefits on a

representational basis under subsection (a) on a case-by-case basis

where a documented need for such exception is established. The

Secretary of State shall prepare a comprehensive list annually of

all such exceptions granted under this subsection.''

AMENDMENT, MODIFICATION, OR SUPERSEDURE OF PROVISIONS INCONSISTENT

WITH THE OVERSEAS DIFFERENTIALS AND ALLOWANCES ACT

Section 511(b) of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 800,

Overseas Differentials and Allowances Act, provided that: ''Any

provision of law which is not repealed by subsection (a) of this

section but is inconsistent with any provision of this Act or of

any amendment made by this Act (enacting chapter 37 of former title

5 (now covered by this subchapter), amending other sections as

shown in the Tables, and enacting provisions set out as notes under

this section and section 912 of Title 26, Internal Revenue Code)

shall be held and considered to be amended, modified, or superseded

to the extent necessary to carry out the purposes of and conform to

such provision of this Act or of such amendment.''

APPROPRIATIONS

Section 501(a) of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 800,

Overseas Differentials and Allowances Act, provided that: ''There

are hereby authorized to be appropriated such sums as may be

necessary to carry out the purposes of this Act and the amendments

made by this Act (enacting chapter 37 of former title 5 (now

covered by this subchapter), amending other sections as shown in

the Tables, and enacting provisions set out as notes under this

section and section 912 of Title 26, Internal Revenue Code).''

REFERENCES TO PROVISIONS AFFECTED BY THE OVERSEAS DIFFERENTIALS AND

ALLOWANCES ACT

Section 521 of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 802,

Overseas Differentials and Allowances Act, provided that:

''Whenever reference is made in any other law or in any regulation

to any provision of law which is repealed, modified, amended, or

superseded by reason of section 511 of this Act (repealing sections

170g(b), 170r, and 170s of former title 5, sections 888, 1132, 1133

and 1136(9) of Title 22, Foreign Relations and Intercourse, and

sections 403a(d) and 403e(b) of Title 50, War and National Defense,

amending section 118a of former title 5, section 1131 of Title 22,

and sections 403a(c) and 403e(1)(A), (3) (A-C) of Title 50, and

enacting provisions set out as a note under this section), such

reference, unless inconsistent with this Act shall be held and

considered to refer to this Act or the appropriate provision of, or

amendment made by, this Act.''

TRANSITIONAL PROVISIONS FOR PAYMENT OF ALLOWANCES AND DIFFERENTIALS

Section 522 of Pub. L. 86-707, Sept. 6, 1960, 74 Stat. 802,

Overseas Differentials and Allowances Act, provided that:

''Notwithstanding any provision of this Act (enacting chapter 37 of

former title 5 (now covered by this subchapter), amending other

sections as shown in the Tables, and enacting provisions set out as

notes under this section and section 912 of Title 26, Internal

Revenue Code) and until such time as regulations are issued under

this Act, employees shall continue to be paid allowances and

differentials in accordance with rules and regulations issued

pursuant to the laws in effect immediately prior to the enactment

of this Act (Sept. 6, 1960) and such rules and regulations may be

amended or revoked in accordance with the provision of such laws.''

-EXEC-

EX. ORD. NO. 10903. DELEGATION OF REGULATORY AUTHORITY

Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, as amended by Ex.

Ord. No. 11228, June 14, 1965, 30 F.R. 7739; Ex. Ord. No. 11230,

June 28, 1965, 30 F.R. 8447; Ex. Ord. No. 11380, Nov. 8, 1967, 32

F.R. 15627; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex.

Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608,

Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and various provisions of law cited in

the body of this order, and as President of the United States, it

is hereby ordered as follows:

Section 1. The Secretary of State is hereby designated and

empowered to perform the following-described functions without the

approval, ratification, or other action of the President:

(a) The authority vested in the President by section 5921(3) of

title 5, United States Code, to prescribe regulations defining the

term ''employee''.

(b) The authority vested in the President by subchapter III of

chapter 59 of title 5 of the United States Code, to prescribe

regulations, including the regulations referred to in sections

5922(b), 5922(c), and 5924(4)(B) of that title (governing,

respectively, (1) certain waivers of recovery, (2) the payment of

allowances and differentials authorized by said subchapter and

certain other matters, and (3) travel expenses for dependents of

certain employees).

(c) The authority vested in the President by section 5913 of

title 5 of the United States Code, (1) to prescribe regulations

governing the allotment to posts in foreign countries, for the

purpose stated in that section, of funds available to the

departments for administrative expenses, and (2) to designate

senior officials of this Government in foreign countries.

(d) The authority vested in the President by other provisions of

law (including section 235(2) (now 707(a)(2)) of title 38 of the

United States Code) to prescribe regulations governing

representation allowances similar to those authorized by section

905 of the Foreign Service Act of 1980 (22 U.S.C. 4085).

(e) The authority vested in the President by section 5912 of

title 5 of the United States Code to approve regulations prescribed

by heads of agencies (under which employees who are citizens of the

United States permanently stationed in foreign countries may be

furnished, without cost to them, living quarters, including heat,

fuel, and light, in government-owned or rented buildings).

(f) (Repealed by Ex. Ord. No. 12292, Sec. 4(f), Feb. 23, 1981, 46

F.R. 13967)

(g) (Redesignated (e) by Ex. Ord. No. 12292, Sec. 4(f), Feb. 23,

1981, 46 F.R. 13967)

Sec. 2. (1) (Superseded by Ex. Ord. No. 11230, Sec. 2(8). June

28, 1965, 30 F.R. 8447)

Sec. 2. (2) (Superseded by Ex. Ord. No. 11228, Sec. 3(5), June

14, 1965, 30 F.R. 7739)

Sec. 3. That portion of section 2 of Executive Order No. 10624 of

July 28, 1955 (set out as a note under section 1762 of Title 7,

Agriculture), which precedes the proviso thereof, is hereby amended

to read as follows:

''Sec. 2. In addition to rules and regulations, pertaining to

allowances and benefits, otherwise applicable to personnel assigned

abroad under Title VI of the Act of August 28, 1954 (chapter 43 of

Title 7, Agriculture), there shall be applicable to the personnel

rules and regulations prescribed by the Secretary of State in

pursuance of (1) so much of the authority vested in the President

by Title II of the Overseas Differentials and Allowances Act

(sections 5922-5925, of this title), or by any amendment thereof,

as relates to quarters allowances of cost-of-living allowances, and

(2) so much of the authority vested in the President and the

Secretary of State by Title IX of the Foreign Service Act of 1946

(subchapter IX of chapter 14 of Title 22, Foreign Relations and

Intercourse), or by any amendment thereof, as relates to allowances

and benefits under the said Title IX (subchapter IX of chapter 14

of Title 22.):''

Sec. 4. (a) Section 2 of Executive Order No. 10853 of November

27, 1959, is hereby amended to read as follows:

''Sec. 2. The Secretary of State is hereby authorized and

directed to exercise the following-described statutory powers of

the President:

''(a) That part of the functions vested in the President by

section 7(a) of the Defense Department Overseas Teachers Pay and

Personnel Practices Act (73 Stat. 216; 5 U.S.C. 2355(a)) (section

905(a) of Title 20, Education) which consists of authority to

prescribe regulations relating to quarters and quarters allowance.

''(b) The authority vested in the President by section 8(a)(1) of

the Defense Department Overseas and Teachers Pay and Personnel

Practices Act (73 Stat. 216; 5 U.S.C. 2356(a)(1)) (section

906(a)(1) of Title 20, Education) to prescribe regulations relating

to cost-of-living allowances.

''(c) The authority vested in the President by section 235(a)

(now 707(a)(5)) of title 38 of the United States Code to prescribe

rules and regulations with respect to allowances and benefits

similar to those provided for in section 941 of the Foreign Service

Act of 1946, as amended (22 U.S.C. 1156).''

(b) The reference in section 1 of Executive Order No. 10853 of

November 27, 1959, to the regulations contained in Executive Order

No. 10000 of September 16, 1948, shall be deemed to include a

reference to the corresponding regulations prescribed in pursuance

of the provisions of this order.

Sec. 5. (a) The following-described Executive order and parts

thereof are hereby revoked, subject to the provisions of section

5(b) of this order:

1. Parts I, III, IV, and V of Executive Order No. 10000 of

September 16, 1948.

2. Executive Order No. 10011 of October 22, 1948.

3. Executive Order No. 10085 of October 28, 1949.

4. Executive Order No. 10100 of January 28, 1950.

5. Executive Order No. 10187 of December 4, 1950.

6. Executive Order No. 10261 of June 27, 1951.

7. Executive Order No. 10313 of December 14, 1951.

8. Executive Order No. 10391 of September 3, 1952.

9. Executive Order No. 10503 of December 1, 1953.

10. Executive Order No. 10623 of July 23, 1955.

11. Section 1 and, to the extent that it pertains to Executive

Order No. 10000, section 3 of Executive Order No. 10636 of

September 16, 1955.

(b) Existing rules and regulations prescribed in or pursuant to

the Executive order provisions revoked by section 5(a) of this

order, other existing rules and regulations pertaining to

allowances, differentials, and other benefits corresponding to

those authorized by the provisions of law referred to in this order

and actions heretofore taken in pursuance of any thereof shall

remain in effect until hereafter superseded in pursuance of the

provisions of this order.

Sec. 6. This order and such of the regulations prescribed by the

Secretary of State, the Director of the Office of Management and

Budget, and the Office of Personnel Management thereunder as the

Secretary, Director, and Office shall, respectively, determine,

shall be published in the Federal Register.

EX. ORD. NO. 11137. ALLOWANCES AND BENEFITS

Ex. Ord. No. 11137, Jan. 7, 1964, 29 F.R. 223, as amended by Ex.

Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code and by the various provisions of law

cited in the body of this order, and as President of the United

States it is ordered as follows:

PART I - ALLOWANCES AND DIFFERENTIALS IN FOREIGN AREAS

Section 101. The term ''employee'', as defined in 5 U.S.C.

5921(3), is hereby further defined as including civilian employees,

compensated from non-appropriated funds, of the instrumentalities

of the United States under the jurisdiction of the armed forces

covered by 5 U.S.C. 2105(c).

Sec. 102. The Secretary of each military department with respect

to his department, and the Secretary of Transportation with respect

to the Coast Guard when it is not operating as a service in the

Navy, are hereby designated and empowered to exercise, without the

approval, ratification, or other action of the President, the

authority vested in the President by 5 U.S.C. 5922(c) to prescribe

regulations governing payments of allowances and differentials in

foreign areas to the extent that the said authority is in respect

of employees referred to in section 101 of this order whose rates

of basic compensation from nonappropriated funds are fixed in

accordance with regulations prescribed by the Secretary concerned.

Sec. 103. Regulations prescribed under authority delegated by the

provisions of Section 102 hereof:

(a) Shall, so far as practicable, be uniform.

(b) In the case of regulations prescribed by the Secretaries of

the military departments, shall require the approval of the

Secretary of Defense.

(c) Shall not, with respect to any locality, authorize allowances

or differentials which exceed those prescribed under Executive

Order No. 10903 of January 9, 1961, (set out as a note under this

section), for other employees of the United States in the same

locality.

Sec. 104. Executive Order No. 10903 of January 9, 1961, (set out

as a note under this section), is hereby modified to the extent of

the definition and the delegations of authority contained in

Sections 101 and 102 hereof.

PART II - COST OF LIVING ALLOWANCES IN CERTAIN NON-FOREIGN AREAS

Sec. 201. The Secretary of Defense with respect to the military

departments, and the Secretary of Transportation with respect to

the Coast Guard when it is not operating as a service in the Navy,

are hereby designated and empowered to exercise, without the

approval, ratification, or other action of the President, the

authority vested in the President by paragraph (2) of Section 912

of the Internal Revenue Code of 1986, as amended (26 U.S.C.

912(2)), to approve the regulations there contemplated to the

extent that the said regulations are in respect of the payment of

cost-of-living allowances to employees, compensated from

nonappropriated funds, of instrumentalities of the United States

under the jurisdiction of the armed forces covered by 5 U.S.C.

2105(c), who are stationed outside the continental United States or

in Alaska.

Sec. 202. Regulations approved under authority delegated by the

provisions of Section 201 hereof:

(a) Shall, so far as practicable, be uniform.

(b) Shall not apply to employees who are stationed in either the

Canal Zone or in any ''foreign area'' as defined in 5 U.S.C.

5921(6).

(c) Shall be limited to employees whose rates of basic

compensation are fixed in conformity with rates paid by the

Government for work of a comparable level of difficulty and

responsibility to employees stationed in the continental United

States, exclusive of Alaska.

(d) Shall not, with respect to any locality, authorize allowances

which exceed those prescribed under Executive Order No. 10000 of

September 16, 1948, as amended, for other employees of the United

States in the same locality.

PART III - GENERAL PROVISIONS

Sec. 301. All actions heretofore taken by the President or his

delegate with respect to the matters affected by this order, and in

effect at the time of the issuance of this order, including any

regulations prescribed or approved by the President or his delegate

with respect to such matters, shall, except as they are

inconsistent with the provisions of this order, remain in effect

until amended, modified, or revoked pursuant to appropriate

authority.

Sec. 302. This order, and the regulations prescribed or approved

under the authority thereof, shall be published in the Federal

Register.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5924 of this title; title

22 section 1474.

-CITE-

5 USC Sec. 5922 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5922. General provisions

-STATUTE-

(a) Notwithstanding section 5536 of this title and except as

otherwise provided by this subchapter, the allowances and

differentials authorized by this subchapter may be granted to an

employee officially stationed in a foreign area -

(1) who is a citizen of the United States; and

(2) whose rate of basic pay is fixed by statute or, without

taking into consideration the allowances and differentials

provided by this subchapter, is fixed by administrative action

pursuant to law or is fixed administratively in conformity with

rates paid by the Government for work of a comparable level of

difficulty and responsibility in the continental United States.

To the extent authorized by a provision of statute other than this

subchapter, the allowances and differentials provided by this

subchapter may be paid to an employee officially stationed in a

foreign area who is not a citizen of the United States.

(b) Allowances granted under this subchapter may be paid in

advance, or advance of funds may be made therefor, through the

proper disbursing official in such sums as are considered advisable

in consideration of the need and the period of time during which

expenditures must be made in advance by the employee. An advance

of funds not subsequently covered by allowances accrued to the

employee under this subchapter is recoverable by the Government by

-

(1) setoff against accrued pay, compensation, amount of

retirement credit, or other amount due the employee from the

Government; and

(2) such other method as is provided by law for the recovery of

amounts owing to the Government.

The head of the agency concerned, under regulations of the

President, may waive in whole or in part a right of recovery under

this subsection, if it is shown that the recovery would be against

equity and good conscience or against the public interest.

(c) The allowances and differentials authorized by this

subchapter shall be paid under regulations prescribed by the

President governing -

(1) payments of the allowances and differentials and the

respective rates at which the payments are made;

(2) the foreign areas, the groups of positions, and the

categories of employees to which the rates apply; and

(3) other related matters.

(d) When a quarters allowance or allowance related to education

under this subchapter, or quarters furnished in Government-owned or

controlled buildings under section 5912, would be furnished to an

employee but for the death of the employee, such allowances or

quarters may be furnished or continued for the purpose of allowing

any child of the employee to complete the current school year at

post or away from post notwithstanding the employee's death.

(e) When an allowance related to education away from post under

this subchapter would be authorized with respect to an employee but

for the evacuation or authorized departure status of the post, such

an allowance may be furnished or continued for the purpose of

allowing any dependent children of such employee to complete the

current school year.

(f)(1) If an employee dies at post in a foreign area, a transfer

allowance under section 5924(2)(B) may be granted to the spouse or

dependents of such employee (or both) for the purpose of providing

for their return to the United States.

(2) A transfer allowance under this subsection may not be granted

with respect to the spouse or a dependent of the employee unless,

at the time of death, such spouse or dependent was residing -

(A) at the employee's post of assignment; or

(B) at a place, outside the United States, for which a separate

maintenance allowance was being furnished under section 5924(3).

(3) The President may prescribe any regulations necessary to

carry out this subsection.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 510; Pub. L. 102-138,

title I, Sec. 147(c), Oct. 28, 1991, 105 Stat. 669; Pub. L.

106-113, div. B, Sec. 1000(a)(7) (div. A, title III, Sec. 335),

Nov. 29, 1999, 113 Stat. 1536, 1501A-441.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 3033. Sept. 6, 1960, Pub.

L. 86-707, Sec.

201, 74 Stat. 793.

(b) 5 U.S.C. 3034. Sept. 6, 1960, Pub.

L. 86-707, Sec.

202, 74 Stat. 793.

(c) 5 U.S.C. 3035. Sept. 6, 1960, Pub.

L. 86-707, Sec.

203, 74 Stat. 793.

-------------------------------

In subsection (a), the word ''only'' is omitted as surplusage.

In subsection (b), the words ''disbursing official'' are

substituted for ''disbursing officer'' because of the definition of

''officer'' in section 2104 which excludes a member of a uniformed

service.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1999 - Subsec. (f). Pub. L. 106-113 added subsec. (f).

1991 - Subsecs. (d), (e). Pub. L. 102-138 added subsecs. (d) and

(e).

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State empowered to prescribe regulations, see

section 1(b) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set

out as a note under section 5921 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 1474; title 26

section 912.

-CITE-

5 USC Sec. 5923 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5923. Quarters allowances

-STATUTE-

(a) When Government owned or rented quarters are not provided

without charge for an employee in a foreign area, one or more of

the following quarters allowances may be granted when applicable:

(1) A temporary subsistence allowance for the reasonable cost

of temporary quarters (including meals and laundry expenses)

incurred by the employee and his family -

(A) for a period not in excess of 90 days after first arrival

at a new post of assignment in a foreign area or a period

ending with the occupation of residence quarters, whichever is

shorter; and

(B) for a period of not more than 30 days immediately before

final departure from the post after the necessary evacuation of

residence quarters.

(2) A living quarters allowance for rent, heat, light, fuel,

gas, electricity, and water, without regard to section 3324(a)

and (b) of title 31.

(3) Under unusual circumstances, payment or reimbursement for

extraordinary, necessary, and reasonable expenses, not otherwise

compensated for, incurred in initial repairs, alterations, and

improvements to the privately leased residence of an employee at

a post of assignment in a foreign area, if -

(A) the expenses are administratively approved in advance;

and

(B) the duration and terms of the lease justify payment of

the expenses by the Government.

(b) The 90-day period under subsection (a)(1)(A) and the 30-day

period under subsection (a)(1)(B) may each be extended for not more

than 60 additional days if the head of the agency concerned or his

designee determines that there are compelling reasons beyond the

control of the employee for the continued occupancy of temporary

quarters.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 511; Pub. L. 97-258, Sec.

3(a)(15), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 102-138, title I,

Sec. 147(d), Oct. 28, 1991, 105 Stat. 669.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3036. Sept. 6, 1960, Pub.

L. 86-707, Sec.

211, 74 Stat. 793.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1991 - Pub. L. 102-138 designated existing provisions as subsec.

(a), substituted ''subsistence'' for ''lodging'' and inserted

''(including meals and laundry expenses)'' after ''quarters'' in

par. (1), substituted ''90 days'' for ''3 months'' in par. (1)(A),

substituted ''30 days'' for ''1 month'' in par. (1)(B), and added

subsec. (b).

1982 - Par. (2). Pub. L. 97-258 substituted ''section 3324(a) and

(b)'' for ''section 529''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5924 of this title; title

22 sections 1474, 2506; title 26 section 912.

-CITE-

5 USC Sec. 5924 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5924. Cost-of-living allowances

-STATUTE-

The following cost-of-living allowances may be granted, when

applicable, to an employee in a foreign area:

(1) A post allowance to offset the difference between the cost

of living at the post of assignment of the employee in a foreign

area and the cost of living in the District of Columbia, except

that employees receiving the temporary subsistence allowance

under section 5923(1) are ineligible for a post allowance under

this paragraph.

(2) A transfer allowance for extraordinary, necessary, and

reasonable subsistence and other relocation expenses (including

unavoidable lease penalties), not otherwise compensated for,

incurred by an employee incident to establishing himself at a

post of assignment in -

(A) a foreign area (including costs incurred in the United

States, its territories or possessions, the Commonwealth of

Puerto Rico, the Commonwealth of the Northern Mariana Islands,

or the areas and installations in the Republic of Panama made

available to the United States pursuant to the Panama Canal

Treaty of 1977 and related agreements prior to departure for a

post of assignment in a foreign area); or

(B) the United States after the employee agrees in writing to

remain in Government service for 12 months after transfer,

unless separated for reasons beyond the control of the employee

that are acceptable to the agency concerned.

(3) A separate maintenance allowance to assist an employee who

is compelled or authorized, because of dangerous, notably

unhealthful, or excessively adverse living conditions at the

employee's post of assignment in a foreign area, or for the

convenience of the Government, or who requests such an allowance

because of special needs or hardship involving the employee or

the employee's spouse or dependents, to meet the additional

expenses of maintaining, elsewhere than at the post, the

employee's spouse or dependents, or both.

(4) An education allowance or payment of travel costs to assist

an employee with the extraordinary and necessary expenses, not

otherwise compensated for, incurred because of his service in a

foreign area or foreign areas in providing adequate education for

his dependents (or, to the extent education away from post is

involved, official assignment to service in such area or areas),

as follows:

(A) An allowance not to exceed the cost of obtaining such

kindergarten, elementary and secondary educational services as

are ordinarily provided without charge by the public schools in

the United States (including such educational services as are

provided by the States under the Individuals with Disabilities

Education Act), plus, in those cases when adequate schools are

not available at the post of the employee, board and room, and

periodic transportation between that post and the school chosen

by the employee, not to exceed the total cost to the Government

of the dependent attending an adequate school in the nearest

locality where an adequate school is available, without regard

to section 3324(a) and (b) of title 31. When travel from school

to post is infeasible, travel may be allowed between the school

attended and the home of a designated relative or family friend

or to join a parent at any location, with the allowable travel

expense not to exceed the cost of travel between the school and

the post. The amount of the allowance granted shall be

determined on the basis of the educational facility used.

(B) The travel expenses of dependents of an employee to and

from a school in the United States (or to and from a school

outside the United States if the dependent is attending that

school for less than one year under a program approved by the

school in the United States at which the dependent is enrolled,

with the allowable travel expense not to exceed the cost of

travel to and from the school in the United States) to obtain

an American secondary or postsecondary educational institution

education (other than a program of post-baccalaureate

education), not to exceed one annual trip each way for each

dependent. At the election of the employee, in lieu of the

transportation of the baggage of a dependent from the

dependent's school, the costs incurred to store the baggage at

or in the vicinity of the school during the dependent's annual

trip between the school and the employee's duty station may be

paid or reimbursed to the employee, except that the amount of

the payment or reimbursement may not exceed the cost that the

Government would incur to transport the baggage. An allowance

payment under subparagraph (A) of this paragraph (4) may not be

made for a dependent during the 12 months following his arrival

in the United States for secondary education under authority

contained in this subparagraph (B). Notwithstanding section

5921(6) of this title, travel expenses, for the purpose of

obtaining postsecondary educational institution education

(other than a program of post-baccalaureate education), may be

authorized under this subparagraph (B), under such regulations

as the President may prescribe, for dependents of employees who

are citizens of the United States stationed in the Canal Zone.

For the purposes of this subparagraph, the term ''educational

institution'' has the meaning defined under section 1701(a)(6)

(FOOTNOTE 1) of title 38.

(FOOTNOTE 1) See References in Text note below.

(C) In those cases in which an adequate school is available

at the post of the employee, if the employee chooses to educate

the dependent at a school away from post, the education

allowance which includes board and room, and periodic travel

between the post and the school chosen, shall not exceed the

total cost to the Government of the dependent attending an

adequate school at the post of the employee.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 511; Pub. L. 92-187, Sec.

2, Dec. 15, 1971, 85 Stat. 644; Pub. L. 93-126, Sec. 12, Oct. 18,

1973, 87 Stat. 454; Pub. L. 93-475, Sec. 13, Oct. 26, 1974, 88

Stat. 1443; Pub. L. 94-141, title IV, Sec. 405, Nov. 29, 1975, 89

Stat. 770; Pub. L. 96-53, title V, Sec. 510, Aug. 14, 1979, 93

Stat. 380; Pub. L. 96-100, title V, Sec. 502, Nov. 2, 1979, 93

Stat. 734; Pub. L. 96-132, Sec. 4(h), Nov. 30, 1979, 93 Stat. 1045;

Pub. L. 96-465, title II, Sec. 2307, 2308, Oct. 17, 1980, 94 Stat.

2165; Pub. L. 97-258, Sec. 3(a)(15), Sept. 13, 1982, 96 Stat. 1063;

Pub. L. 99-251, title III, Sec. 303, Feb. 27, 1986, 100 Stat. 26;

Pub. L. 101-510, div. A, title XII, Sec. 1206(h), Nov. 5, 1990,

104 Stat. 1662; Pub. L. 102-138, title I, Sec. 147(e), Oct. 28,

1991, 105 Stat. 670; Pub. L. 103-236, title I, Sec. 176, Apr. 30,

1994, 108 Stat. 413; Pub. L. 104-201, div. C, title XXXV, Sec.

3548(a)(7), Sept. 23, 1996, 110 Stat. 2869; Pub. L. 106-113, div.

B, Sec. 1000(a)(7) (div. A, title III, Sec. 336), Nov. 29, 1999,

113 Stat. 1536, 1501A-442; Pub. L. 107-228, div. A, title III,

Sec. 319, Sept. 30, 2002, 116 Stat. 1380.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3037. Sept. 6, 1960, Pub.

L. 86-707, Sec.

221, 74 Stat. 794.

-------------------------------

In paragraph (1), the word ''Washington'' is omitted as covered

by ''District of Columbia''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

par. (4)(A), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended, which is classified generally to chapter 33 (Sec.

1400 et seq.) of Title 20, Education. For complete classification

of this Act to the Code, see section 1400 of Title 20 and Tables.

Section 1701(a)(6) of title 38, referred to in par. (4)(B), was

renumbered section 3501(a)(6) of title 38 by Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.

For definition of Canal Zone, referred to in par. (4)(B), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

2002 - Par. (4)(B). Pub. L. 107-228 inserted after first sentence

''At the election of the employee, in lieu of the transportation of

the baggage of a dependent from the dependent's school, the costs

incurred to store the baggage at or in the vicinity of the school

during the dependent's annual trip between the school and the

employee's duty station may be paid or reimbursed to the employee,

except that the amount of the payment or reimbursement may not

exceed the cost that the Government would incur to transport the

baggage.''

1999 - Par. (4). Pub. L. 106-113 substituted ''between that post

and the school chosen by the employee, not to exceed the total cost

to the Government of the dependent attending an adequate school in

the nearest locality where an adequate school is available,'' for

''between that post and the nearest locality where adequate schools

are available,'' in subpar. (A) and added subpar. (C).

1996 - Par. (3). Pub. L. 104-201 struck out at end

''Notwithstanding section 1217(d) of the Panama Canal Act of 1979

(22 U.S.C. 3657(d)), for the purposes of this paragraph, the term

'foreign area' includes the Republic of Panama.''

1994 - Par. (4)(A). Pub. L. 103-236, Sec. 176(a), inserted after

first sentence ''When travel from school to post is infeasible,

travel may be allowed between the school attended and the home of a

designated relative or family friend or to join a parent at any

location, with the allowable travel expense not to exceed the cost

of travel between the school and the post.''

Par. (4)(B). Pub. L. 103-236, Sec. 176(b), inserted ''(or to and

from a school outside the United States if the dependent is

attending that school for less than one year under a program

approved by the school in the United States at which the dependent

is enrolled, with the allowable travel expense not to exceed the

cost of travel to and from the school in the United States)'' after

''in the United States''.

1991 - Par. (1). Pub. L. 102-138, Sec. 147(e)(1), substituted

''Columbia, except that employees receiving the temporary

subsistence allowance under section 5923(1) are ineligible for a

post allowance under this paragraph'' for ''Columbia''.

Par. (2). Pub. L. 102-138, Sec. 147(e)(2), in introductory

provisions substituted ''subsistence and other relocation expenses

(including unavoidable lease penalties)'' for ''expenses'', in

subpar. (A) inserted ''the Commonwealth of the Northern Mariana

Islands,'' after ''Puerto Rico,'' and in subpar. (B) substituted

''after the employee agrees in writing to remain in Government

service for 12 months after transfer, unless separated for reasons

beyond the control of the employee that are acceptable to the

agency concerned'' for ''between assignments to posts in foreign

areas''.

Par. (4). Pub. L. 102-138, Sec. 147(e)(3), in introductory

provisions substituted ''dependents (or, to the extent education

away from post is involved, official assignment to service in such

area or areas)'' for ''dependents'', in subpar. (A) substituted

''United States (including such educational services as are

provided by the States under the Individuals with Disabilities

Education Act)'' for ''United States'', and in subpar. (B)

substituted ''postsecondary educational institution education

(other than a program of post-baccalaureate education)'' for

''undergraduate college education'' in two places and inserted at

end provision defining ''educational institution'' for purposes of

subpar. (B).

1990 - Par. (3). Pub. L. 101-510 inserted at end

''Notwithstanding section 1217(d) of the Panama Canal Act of 1979

(22 U.S.C. 3657(d)), for the purposes of this paragraph, the term

'foreign area' includes the Republic of Panama.''

1986 - Par. (2)(A). Pub. L. 99-251 inserted '', its territories

or possessions, the Commonwealth of Puerto Rico, or the areas and

installations in the Republic of Panama made available to the

United States pursuant to the Panama Canal Treaty of 1977 and

related agreements''.

1982 - Par. (4)(A). Pub. L. 97-258 substituted ''section 3324(a)

and (b)'' for ''section 529''.

1980 - Par. (3). Pub. L. 96-465, Sec. 2307, inserted ''or

authorized'' after ''compelled'' and ''or who requests such an

allowance because of special needs or hardship involving the

employee or the employee's spouse or dependents'' after ''of the

Government,''.

Par. (4)(B). Pub. L. 96-465, Sec. 2308, substituted ''one annual

trip each way for each dependent'' for ''(i) in the case of

dependents traveling to obtain secondary education, one annual

trip, or in the case of dependents traveling to obtain

undergraduate college education, two annual trips, each way for

each dependent of an employee of the Department of State, of the

International Communication Agency, of the Department of Justice,

of the Agency for International Development, of the Central

Intelligence Agency, or of the National Security Agency, or (ii) or

one trip each way for each dependent of any other employee, for the

purpose of obtaining each type of education''.

1979 - Par. (4)(B). Pub. L. 96-132 inserted reference to the

Department of Justice.

Pub. L. 96-100 inserted provisions relating to applicability to

dependents of employees of the Central Intelligence Agency and the

National Security Agency.

Pub. L. 96-53 substituted ''(i) in the case of dependents

traveling to obtain secondary education, one annual trip, or in the

case of dependents traveling to obtain undergraduate college

education, two annual trips, each way for each dependent of an

employee of the Department of State, of the International

Communication Agency, or of the Agency for International

Development, or (ii)'' for ''one annual trip each way for each

dependent of an employee of the Department of State or the United

States Information Agency, or''.

1975 - Par. (2)(A). Pub. L. 94-141 expanded applicability to

include costs incurred in the United States prior to departure for

a post of assignment in a foreign area.

1974 - Par. (4)(B). Pub. L. 93-475 substituted ''one annual trip

each way for each dependent of an employee of the Department of

State or the United States Information Agency, or one trip each way

for each dependent of any other employee,'' for ''one trip each way

for each dependent''.

1973 - Par. (4)(A). Pub. L. 93-126 inserted ''kindergarten,''

before ''elementary''.

1971 - Par. (3). Pub. L. 92-187 substituted ''the employee's

post'' for ''his post'' and ''the employee's spouse or'' for ''his

wife or his''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State empowered to prescribe regulations governing

travel expenses for dependents of certain employees, see section

1(b) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as

a note under section 5921 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5922, 5941 of this title;

title 10 section 1605; title 20 section 906; title 22 sections

1474, 2506, 4081; title 26 section 912; title 37 section 431.

-CITE-

5 USC Sec. 5925 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5925. Post differentials

-STATUTE-

(a) A post differential may be granted on the basis of conditions

of environment which differ substantially from conditions of

environment in the continental United States and warrant additional

pay as a recruitment and retention incentive. A post differential

may be granted to an employee officially stationed in the United

States who is on extended detail in a foreign area. A post

differential under this subsection may not exceed 25 percent of the

rate of basic pay.

(b) Any employee granted a differential under subsection (a) of

this section may be granted an additional differential for an

assignment to a post determined to have especially adverse

conditions of environment which warrant additional pay as a

recruitment and retention incentive for the filling of positions at

that post. An additional differential for any employee under this

subsection -

(1) may be paid for each assignment to a post determined to

have such conditions;

(2) may be paid periodically or in a lump sum; and

(3) may not exceed 15 percent of the rate of basic pay of that

employee for the period served under that assignment.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 512; Pub. L. 96-465, title

II, Sec. 2309, Oct. 17, 1980, 94 Stat. 2165.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3038. Sept. 6, 1960, Pub.

L. 86-707, Sec.

231, 74 Stat. 795.

-------------------------------

In the last sentence, the words ''Additional compensation paid

as'' are omitted as surplusage.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1980 - Pub. L. 96-465 designated existing provisions as subsec.

(a), inserted ''under this subsection'' before ''may not exceed'',

and added subsec. (b).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EXTENSION OF FOREIGN POST DIFFERENTIALS TO CERTAIN FEDERAL

EMPLOYEES WHO SERVED IN CONNECTION WITH OPERATION DESERT STORM

Pub. L. 102-190, div. A, title X, Sec. 1093, Dec. 5, 1991, 105

Stat. 1487, provided that:

''(a) Waiver of Requirement That Employee Be Detailed to A Post

for an 'Extended' Period. - An individual who performed service of

a type described in subsection (b) shall, upon appropriate written

application, be granted the total amount to which such individual

would have been entitled for such service under section 5925(a) of

title 5, United States Code, disregarding any eligibility

requirement relating to the minimum period of time for which an

individual must serve at, or be detailed to, a post.

''(b) Description of Service Involved. - This section applies

with respect to any period of service if, or to the extent that -

''(1) it was performed as an employee -

''(A) in connection with Operation Desert Storm;

''(B) during the Persian Gulf conflict;

''(C) at a post within the area designated by the President,

in Executive Order 12744 (26 U.S.C. 112 note), as a 'combat

zone' for purposes of section 112 of the Internal Revenue Code

of 1986 (26 U.S.C. 112); and

''(D) while a differential under section 5925(a) of title 5,

United States Code, was authorized with respect to such post;

and

''(2) no differential under such section 5925(a) was granted to

such employee for such service.

''(c) Regulations. - The President may prescribe any regulations

necessary to carry out this section.

''(d) Definitions. - For the purpose of this section -

''(1) the term 'employee' has the meaning given such term by

section 5921(3) of title 5, United States Code;

''(2) the term 'Operation Desert Storm' has the meaning given

such term by section 3(1) of the Persian Gulf Conflict

Supplemental Authorization and Personnel Benefits Act of 1991

(Pub. L. 102-25) (10 U.S.C. 101 note); and

''(3) the term 'Persian Gulf conflict' means the period

beginning on August 2, 1990, and ending on June 2, 1991.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5551, 5928, 5949 of

this title; title 22 sections 1474, 2506, 4057; title 26 section

912; title 50 section 2081.

-CITE-

5 USC Sec. 5926 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5926. Compensatory time off at certain posts in foreign areas

-STATUTE-

(a) Under regulations prescribed pursuant to this subchapter, and

notwithstanding subchapter V of chapter 55 of this title or any

other law, the head of an agency may, on request of an employee

serving in a foreign area -

(1) at an isolated post performing functions required to be

maintained on a substantially continuous basis, grant the

employee compensatory time off for an equal amount of time spent

in regularly scheduled overtime work; or

(2) at a post in a locality that customarily observes irregular

hours of work or where other special conditions are present, in

order to cope with those special circumstances, grant the

employee compensatory time off for an equal amount of time spent

in regularly scheduled overtime work for use during the pay

period in which it is earned.

Credit for compensatory time off earned under paragraph (2) shall

not form the basis for any additional compensation.

(b) Compensatory time earned under this section shall be for use

only while the employee is assigned to the post where it is

earned. Any such compensatory time not used at the time the

employee is reassigned to another post shall be forfeited.

-SOURCE-

(Added Pub. L. 95-426, title IV, Sec. 411(a), Oct. 7, 1978, 92

Stat. 980.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 1474.

-CITE-

5 USC Sec. 5927 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5927. Advances of pay

-STATUTE-

(a) Up to three months' pay may be paid in advance -

(1) to an employee upon the assignment of the employee to a

post in a foreign area;

(2) to an employee, other than an employee appointed under

section 303 of the Foreign Service Act of 1980 (and employed

under section 311 of such Act), who -

(A) is a citizen of the United States;

(B) is officially stationed or located outside the United

States pursuant to Government authorization; and

(C) requires (or has a family member who requires) medical

treatment outside the United States, in circumstances specified

by the President in regulations; and

(3) to an employee compensated pursuant to section 408 of the

Foreign Service Act of 1980, who -

(A) pursuant to United States Government authorization is

located outside the country of employment; and

(B) requires medical treatment outside the country of

employment in circumstances specified by the President in

regulations.

(b) For the purpose of this section, the term ''country of

employment'', as used with respect to an individual under

subsection (a)(3), means the country (or other area) outside the

United States where such individual is hired (as described in

subsection (a)(3)) by the Government.

-SOURCE-

(Added Pub. L. 96-465, title II, Sec. 2310(a), Oct. 17, 1980, 94

Stat. 2166; amended Pub. L. 106-113, div. B, Sec. 1000(a)(7) (div.

A, title III, Sec. 337), Nov. 29, 1999, 113 Stat. 1536, 1501A-442;

Pub. L. 107-228, div. A, title III, Sec. 320, Sept. 30, 2002, 116

Stat. 1380.)

-REFTEXT-

REFERENCES IN TEXT

Sections 303, 311, and 408 of the Foreign Service Act of 1980,

referred to in subsec. (a)(2), (3), are classified to sections

3943, 3951, and 3968, respectively, of Title 22, Foreign Relations

and Intercourse.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-228, Sec. 320(1), amended par.

(3) generally. Prior to amendment, par. (3) read as follows: ''to

a foreign national employee appointed under section 303 of the

Foreign Service Act of 1980, or a nonfamily member United States

citizen appointed under such section 303 (and employed under

section 311 of such Act) for service at such nonfamily member's

post of residence, who -

''(A) is located outside the country of employment of such

foreign national employee or nonfamily member (as the case may

be) pursuant to Government authorization; and

''(B) requires medical treatment outside the country of

employment of such foreign national employee or nonfamily member

(as the case may be), in circumstances specified by the President

in regulations.''

Subsec. (b). Pub. L. 107-228, Sec. 320(2), substituted ''hired''

for ''appointed''.

1999 - Pub. L. 106-113 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''Up to three months' pay may be paid in advance to an

employee upon the assignment of the employee to a post in a foreign

area.''

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 1474.

-CITE-

5 USC Sec. 5928 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

-HEAD-

Sec. 5928. Danger pay allowance

-STATUTE-

An employee serving in a foreign area may be granted a danger pay

allowance on the basis of civil insurrection, civil war, terrorism,

or wartime conditions which threaten physical harm or imminent

danger to the health or well-being of the employee. A danger pay

allowance may not exceed 25 percent of the basic pay of the

employee, except that if an employee is granted an additional

differential under section 5925(b) of this title with respect to an

assignment, the sum of that additional differential and any danger

pay allowance granted to the employee with respect to that

assignment may not exceed 25 percent of the basic pay of the

employee. The presence of nonessential personnel or dependents

shall not preclude payment of an allowance under this section. In

each instance where an allowance under this section is initiated or

terminated, the Secretary of State shall inform the Speaker of the

House of Representatives and the Committee on Foreign Relations of

the Senate of the action taken and the circumstances justifying it.

-SOURCE-

(Added Pub. L. 96-465, title II, Sec. 2311(a), Oct. 17, 1980, 94

Stat. 2166; amended Pub. L. 98-164, title I, Sec. 131, Nov. 22,

1983, 97 Stat. 1028.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-164 inserted provision that presence of

nonessential personnel or dependents shall not preclude payment of

an allowance under this section, and that each instance where an

allowance under this section is initiated or terminated, the

Secretary of State shall inform the Speaker of the House of

Representatives and the Committee on Foreign Relations of the

Senate of action taken and circumstances justifying it.

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of Title 22, Foreign Relations and Intercourse.

DANGER PAY ALLOWANCE; DEA OR FBI EMPLOYEE

Pub. L. 101-246, title I, Sec. 151, Feb. 16, 1990, 104 Stat. 42,

as amended by Pub. L. 107-273, div. C, title I, Sec. 11005, Nov.

2, 2002, 116 Stat. 1817, provided that: ''The Secretary of State

may not deny a request by the Drug Enforcement Administration or

Federal Bureau of Investigation to authorize a danger pay allowance

(under section 5928 of title 5, United States Code) for any

employee of such agency.''

GREATER UTILIZATION OF DANGER PAY ALLOWANCE

Pub. L. 98-533, title III, Sec. 304, Oct. 19, 1984, 98 Stat.

2711, provided that: ''In recognition of the current epidemic of

worldwide terrorist activity and the courage and sacrifice of

employees of United States agencies overseas, civilian as well as

military, it is the sense of Congress that the provisions of

section 5928 of title 5, United States Code, relating to the

payment of danger pay allowance, should be more extensively

utilized at United States missions abroad.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5551, 5949 of this

title; title 22 sections 1474, 4057; title 50 section 2081.

-CITE-

5 USC SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

.

-HEAD-

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-MISC1-

ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR REIMBURSEMENT FOR

PROFESSIONAL LIABILITY INSURANCE

Pub. L. 106-567, title IV, Sec. 406, Dec. 27, 2000, 114 Stat.

2849, as amended by Pub. L. 107-108, title IV, Sec. 404, Dec. 28,

2001, 115 Stat. 1404, provided that:

''(a) In General. - Notwithstanding any provision of title VI,

section 636 of the Treasury, Postal Service, and General Government

Appropriations Act, 1997 (Pub. L. 104-208, div. A, title I, Sec.

101(f)) (5 U.S.C. prec. 5941 note), the Director of Central

Intelligence may -

''(1) designate as qualified employees within the meaning of

subsection (b) of that section appropriate categories of

employees not otherwise covered by that subsection; and

''(2) use appropriated funds available to the Director to

reimburse employees within categories so designated for 100

percent of the costs incurred by such employees for professional

liability insurance in accordance with subsection (a) of that

section.

''(b) Reports. - The Director of Central Intelligence shall

submit to the Select Committee on Intelligence of the Senate and

the Permanent Select Committee of Intelligence of the House of

Representatives a report on each designation of a category of

employees under paragraph (1) of subsection (a), including the

approximate number of employees covered by such designation and an

estimate of the amount to be expended on reimbursement of such

employees under paragraph (2) of that subsection.''

Pub. L. 106-346, Sec. 101(a) (title III, Sec. 348), Oct. 23,

2000, 114 Stat. 1356, 1356A-33, provided that: ''In addition to the

authority provided in section 636 of the Treasury, Postal Service,

and General Government Appropriations Act, 1997, as included in

Public Law 104-208, title I, section 101(f), as amended (set out as

a note below), beginning in fiscal year 2001 and thereafter,

amounts appropriated for salaries and expenses for the Department

of Transportation may be used to reimburse an employee whose

position is that of safety inspector for not to exceed one-half the

costs incurred by such employee for professional liability

insurance. Any payment under this section shall be contingent upon

the submission of such information or documentation as the

Department may require.''

REIMBURSEMENTS RELATING TO PROFESSIONAL LIABILITY INSURANCE

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.

636), Sept. 30, 1996, 110 Stat. 3009-314, 3009-363, as amended by

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 644), Oct.

21, 1998, 112 Stat. 2681-480, 2681-526; Pub. L. 106-58, title VI,

Sec. 642(a), Sept. 29, 1999, 113 Stat. 477, provided that:

''(a) Authority. - Notwithstanding any other provision of law,

amounts appropriated by this Act (or any other Act for fiscal year

1997 or any fiscal year thereafter) for salaries and expenses shall

be used to reimburse any qualified employee for not to exceed

one-half the costs incurred by such employee for professional

liability insurance. A payment under this section shall be

contingent upon the submission of such information or documentation

as the employing agency may require.

''(b) Qualified Employee. - For purposes of this section, the

term 'qualified employee' means an agency employee whose position

is that of -

''(1) a law enforcement officer; or

''(2) a supervisor or management official.

''(c) Definitions. - For purposes of this section -

''(1) the term 'agency' means an Executive agency, as defined

by section 105 of title 5, United States Code, any agency or

court in the Judicial Branch, and any agency of the Legislative

Branch of Government including any office or committee of the

Senate or the House of Representatives;

''(2) the term 'law enforcement officer' means an employee, the

duties of whose position are primarily the investigation,

apprehension, prosecution, detention, or supervision of

individuals suspected or convicted of offenses against the

criminal laws of the United States, including any law enforcement

officer under section 8331(20) or 8401(17) of such title 5, or

under section 4823 of title 22, United States Code;

''(3) the terms 'supervisor' and 'management official' have the

respective meanings given them by section 7103(a) of such title

5, and, with regard to the Judicial Branch, mean a justice or

judge of the United States as defined in 28 U.S.C. 451 in regular

active service or retired from regular active service, other

judicial officers as authorized by the Judicial Conference of the

United States, and supervisors and managers within the Judicial

Branch as authorized by the Judicial Conference of the United

States, and

''(4) the term 'professional liability insurance' means

insurance which provides coverage for -

''(A) legal liability for damages due to injuries to other

persons, damage to their property, or other damage or loss to

such other persons (including the expenses of litigation and

settlement) resulting from or arising out of any tortious act,

error, or omission of the covered individual (whether common

law, statutory, or constitutional) while in the performance of

such individual's official duties as a qualified employee; and

''(B) the cost of legal representation for the covered

individual in connection with any administrative or judicial

proceeding (including any investigation or disciplinary

proceeding) relating to any act, error, or omission of the

covered individual while in the performance of such

individual's official duties as a qualified employee, and other

legal costs and fees relating to any such administrative or

judicial proceeding.

''(d) Applicability. - The amendments made by this section (this

note) shall take effect on the date of the enactment of this Act

(Sept. 30, 1996) and shall apply thereafter.''

(Pub. L. 106-58, title VI, Sec. 642(b), Sept. 29, 1999, 113 Stat.

477, provided that: ''The amendment made by subsection (a)

(amending section 101(f) (title VI, 3636) of Pub. L. 104-208, set

out above) shall take effect on October 1, 1999, or the date of the

enactment of this Act (Sept. 29, 1999), whichever is later.'')

-CITE-

5 USC Sec. 5941 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5941. Allowances based on living costs and conditions of

environment; employees stationed outside continental United

States or in Alaska

-STATUTE-

(a) Appropriations or funds available to an Executive agency,

except a Government controlled corporation, for pay of employees

stationed outside the continental United States or in Alaska whose

rates of basic pay are fixed by statute, are available for

allowances to these employees. The allowance is based on -

(1) living costs substantially higher than in the District of

Columbia;

(2) conditions of environment which differ substantially from

conditions of environment in the continental United States and

warrant an allowance as a recruitment incentive; or

(3) both of these factors.

The allowance may not exceed 25 percent of the rate of basic pay.

Except as otherwise specifically authorized by statute, the

allowance is paid only in accordance with regulations prescribed by

the President establishing the rates and defining the area, groups

of positions, and classes of employees to which each rate applies.

(b) An employee entitled to a cost-of-living allowance under

section 5924 of this title may not be paid an allowance under

subsection (a) of this section based on living costs substantially

higher than in the District of Columbia.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 512.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118h. Apr. 20, 1948, ch.

219, Sec. 207, 62

Stat. 194.

June 30, 1948, ch.

775, Sec. 104, 62

Stat. 1205.

-------------------------------

The section is reorganized and restated for clarity and

conciseness.

The word ''allowances'' is substituted for ''additional

compensation'' as a more apt term and for consistency.

In subsection (a), the words ''Executive agency'' are substituted

for ''executive departments, independent establishments, and wholly

owned Government corporations'' in view of the definition of

''Executive agency'' in section 105. The exception of a

''Government controlled corporation'' is added to preserve the

application to ''wholly owned Government corporation''.

Subsection (b) is based on the second proviso of former section

118h and is restated to reflect the provisions of sections 511(b),

(c)(7) and 521 of the Act of Sept. 6, 1960, Pub. L. 86-707, 74

Stat. 800-802. The reference to section 204 of the Act of Apr. 20,

1948, is omitted as obsolete, since the section was applicable only

to fiscal year 1949.

The last proviso of former section 118h which provided the

effective date of the section is omitted as executed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

PROHIBITION OF REDUCTION OF ALLOWANCE; STUDY AND REPORT ON

ADJUSTING CALCULATION OF GEOGRAPHIC FACTORS

Pub. L. 102-141, title IV, Sec. 1, Oct. 28, 1991, 105 Stat. 861,

as amended by Pub. L. 103-329, title V, Sec. 532, Sept. 30, 1994,

108 Stat. 2413; Pub. L. 104-52, title IV, Sec. 5, Nov. 19, 1995,

109 Stat. 490; Pub. L. 105-61, title V, Sec. 515, Oct. 10, 1997,

111 Stat. 1306, provided that: ''The allowances provided to

employees at rates set under section 5941 of title 5, United States

Code, and Executive Order Numbered 10000 (set out below) as in

effect on the date of the enactment of this Act (Oct. 28, 1991) may

not be reduced during the period beginning on the date of the

enactment of this Act through December 31, 2000: Provided, That no

later than March 1, 2000, the Office of Personnel Management shall

conduct a study and submit a report to the Congress proposing

appropriate changes in the method of fixing compensation for

affected employees, including any necessary legislative changes.

Such study shall include -

''(1) an examination of the pay practices of other employers in

the affected areas;

''(2) a consideration of alternative approaches to dealing with

the unusual and unique circumstances of the affected areas,

including modifications to the current methodology for

calculating allowances to take into account all cost of living in

the geographic areas of the affected employee; and

''(3) an evaluation of the likely impact of the different

approaches on the Government's ability to recruit and retain a

well-qualified workforce.

For the purpose of conducting such study and preparing such report,

the Office may accept and utilize (without regard to any

restriction on unanticipated travel expenses imposed in an

Appropriations Act) funds made available to the Office pursuant to

court approval.''

-EXEC-

EX. ORD. NO. 10000. REGULATIONS GOVERNING ADDITIONAL COMPENSATION

AND CREDIT GRANTED CERTAIN FEDERAL EMPLOYEES SERVING OUTSIDE THE

UNITED STATES

Ex. Ord. No. 10000, Sept. 16, 1948, 13 F.R. 5453, as amended by

Ex. Ord. No. 10636, Sept. 16, 1955, 20 F.R. 7025; Ex. Ord. No.

11938, Sept. 29, 1976, 41 F.R. 43383; Ex. Ord. No. 12107, Dec. 28,

1978, 44 F.R. 1055; Ex. Ord. No. 12510, Apr. 17, 1985, 50 F.R.

15535; Ex. Ord. No. 13207, Apr. 5, 2001, 66 F.R. 18399, provided:

By virtue of the authority vested in me by section 207 of the

Independent Offices Appropriation Act, 1949, approved April 20,

1948 (Public Law 491, 80th Congress), as amended by section 104 of

the Supplemental Independent Offices Appropriation Act, 1949,

approved June 30, 1948 (Public Law 862, 80th Congress), and by

sections 303, 443, and 853 of the Foreign Service Act of 1946 (60

Stat. 1002, 1006, 1024), and as President of the United States, I

hereby prescribe the following regulations (1) governing the

payment of additional compensation to personnel of the United

States employed outside the continental United States or in Alaska,

under the provisions of the said section 207, as amended, (2)

governing the payment of salary differentials to Foreign Service

staff officers and employees serving at certain posts, pursuant to

the said section 443, and (3) relating to unhealthful foreign

posts, pursuant to the said section 853:

PART I - ADDITIONAL COMPENSATION IN FOREIGN AREAS

Section 101. Definitions. As used in this Part, (a) the words

''foreign areas'' mean all areas exclusive of (1) the forty-eight

states of the United States, (2) the District of Columbia, and (3)

non-foreign areas as defined in section 201 of this order, and (b)

the words ''section 207 of the Act'' mean section 207 of the

Independent Offices Appropriation Act, 1949, approved April 20,

1948, Public Law 491, 80th Congress, as amended by section 104 of

the Supplemental Independent Offices Appropriation Act, 1949,

approved June 30, 1948, Public Law 862, 80th Congress.

Sec. 102. Additional Compensation by Reason of Environment. The

Secretary of State shall from time to time, subject to applicable

law, (a) designate places in foreign areas having conditions of

environment which differ substantially from conditions of

environment in the United States and warrant additional

compensation as a recruitment incentive, (b) fix for each such

place the additional rate or rates of compensation to be paid by

reason of such environment pursuant to section 207 of the Act,

after giving due consideration to the degree of environmental

difference, and (c) prescribe such further regulations, governing

such compensation, as may be necessary. Additional compensation so

fixed is hereafter in this Part referred to as ''foreign post

differential.''

Sec. 103. Basis for Foreign Post Differential. The Secretary of

State may establish a foreign post differential for any place when,

and only when, the place involves any one or more of the following:

(a) extraordinarily difficult living conditions, (b) excessive

physical hardship, or (c) notably unhealthful conditions.

Sec. 104. Agencies Covered. Subject to the provisions of section

207 of the Act and of this Part, every executive department,

independent establishment, and wholly owned Government corporation

shall pay a foreign post differential fixed under section 102

hereof to each of its employees whose basic compensation is fixed

by statute and who is located at the post for which that

differential has been fixed.

Sec. 105. Persons Eligible to Receive Foreign Post Differential.

(a) In order that an employee be eligible to receive a foreign post

differential under this Part, (1) he shall be a citizen or national

of the United States, (2) his residence in the place to which the

foreign post differential applies, at the time of receipt thereof,

shall be fairly attributable to his employment by the United

States, and (3) his residence at such place over an appropriate

prior period of time must not be fairly attributable to reasons

other than employment by the United States or by United States

firms, interests, or organizations.

(b) Subject to the provisions of section 105(a) hereof, the

classes of persons eligible to receive the foreign post

differentials fixed pursuant to section 102 hereof shall include:

(1) Persons recruited or transferred from the United States.

(2) Persons employed locally but (a) who were originally

recruited from the United States and have been in substantially

continuous employment by other Federal agencies, United States

firms, interests, or organizations, international organizations in

which the United States Government participates, or foreign

governments, and whose conditions of employment provide for their

return transportation to the United States, or (b) who were at the

time of employment temporarily absent from the United States for

purposes of travel or formal study and maintained residence in the

United States during such temporary absence. When used in a

geographical sense in section 105(b) hereof, ''United States''

includes the areas included within the definition of non-foreign

areas as set forth in section 201 hereof.

(3) Persons who are not normally residents of the area concerned

and who are discharged from the military service of the United

States in such area to accept employment therein with an agency of

the Federal Government.

Sec. 106. Payment of Foreign Post Differentials.

(a) The following regulations shall govern the payment of foreign

post differentials under this Part:

(1) Payments shall begin as of the date of arrival at the post on

assignment or transfer and shall end as of the date of departure

from the post for separation or transfer, except that in case of

local recruitment such payments shall begin and end as of the

beginning and the end of employment, respectively.

(2) Payments for periods of leave and of detail shall begin and

end as determined in regulations prescribed under section 102(c)

hereof.

(3) Payments to persons serving on a part-time basis shall be

pro-rated to cover only those periods of time for which such

persons receive basic compensation.

(4) Payment shall not be made for any time for which an employee

does not receive basic compensation.

Sec. 107. Persons Serving Under Contract. Any other provision of

this Part notwithstanding, any person who would otherwise be

eligible to receive a foreign post differential under this Part

shall, if he is serving under contract, be compensated according to

the terms of such contract for the period thereof and shall, during

such period, be ineligible to receive a foreign post differential.

Sec. 108. Periodic Review. The Secretary of State shall

periodically, but at least annually, review the places designated,

the rates fixed, and the regulations prescribed pursuant to section

102 hereof, with a view to making such changes therein as will

insure that the payment of additional compensation under the

provisions of this Part shall continue only during the continuance

of conditions justifying such payment and shall not in any instance

exceed the amount justified.

Sec. 109. Additional Living Cost Compensation. No executive

department, independent establishment, or wholly owned Government

corporation shall pay, pursuant to section 207 of the Act,

additional compensation to any employee located in any foreign area

by reason of living costs which are substantially higher than those

in the District of Columbia: Provided, That this section shall not

be construed to prevent any payment, under section 204 of said

Independent Offices Appropriation Act, 1949, or under other

appropriate authority.

PART II - ADDITIONAL COMPENSATION IN NON-FOREIGN AREAS

Sec. 201. Definition. As used in this Part, the term

''non-foreign areas'' includes Alaska, Hawaii, the territories and

possessions of the United States, the Trust Territory of the

Pacific Islands, and such additional areas located outside the

continental United States as the Secretary of State shall designate

as being within the scope of the provisions of this Part(.)

Sec. 202. Additional Compensation by Reason of Environment. The

Office of Personnel Management shall from time to time, subject to

applicable law, (a) designate places in non-foreign areas having

conditions of environment which differ substantially from

conditions of environment in the United States and warrant

additional compensation as a recruitment incentive, (b) fix for

each such place the additional rate or rates of compensation to be

paid by reason of such environment pursuant to section 207 of the

Act, after giving due consideration to the degree of environmental

difference, and (c) prescribe such further regulations, governing

such compensation, as may be necessary. Additional compensation so

fixed is hereafter in this Part referred to as ''non-foreign area

post differential.''

Sec. 203. Basis for Non-Foreign Area Post Differential. The

Office of Personnel Management may establish a non-foreign area

post differential for any place in the non-foreign areas when, and

only when, the place involves any one or more of the following: (a)

extraordinarily difficult living conditions, (b) excessive physical

hardship, or (c) notably unhealthful conditions.

Sec. 204. Persons Eligible to Receive Non-Foreign Area Post

Differential. (a) In order that an employee be eligible to receive

a non-foreign area post differential under this Part, (1) he shall

be a citizen or national of the United States, (2) his residence in

the place to which the non-foreign area post differential applies,

at the time of receipt thereof, shall be fairly attributable to his

employment by the United States, and (3) his residence at such

place over an appropriate prior period of time must not be fairly

attributable to reasons other than employment by the United States

or by United States firms, interests, or organizations.

(b) Subject to the provisions of section 204(a) hereof, the

classes of persons eligible to receive the non-foreign area post

differentials fixed pursuant to section 202 hereof shall include:

(1) Persons recruited or transferred from outside the area

concerned.

(2) Persons employed in the area concerned but (a) who were

originally recruited from outside such area and have been in

substantially continuous employment by other Federal agencies,

contractors of Federal agencies, or international organizations in

which the U. S. Government participates, and whose conditions of

employment provide for their return transportation to places

outside the area concerned, or (b) who were at the time of

employment temporarily present in the area concerned for purposes

of travel or formal study and maintained residence outside such

area during the period so present.

(3) Persons who are not normally residents of the area concerned

and who are discharged from the military service of the United

States in such area to accept employment therein with an agency of

the Federal Government.

Sec. 205. Additional Living Cost Compensation. The Office of

Personnel Management shall from time to time, subject to applicable

law, (1) designate places in non-foreign areas eligible to receive

additional compensation by virtue of living costs that are

substantially higher than in the Washington, D.C., area, (2) fix

for each place so designated an additional rate or rates of

compensation by reason of such higher living costs, and (3)

prescribe by regulation such additional policies or procedures as

may be necessary to administer such compensation. Additional

compensation under this section is referred to as a ''non-foreign

area cost-of-living allowance''.

Sec. 206. Coordination. The Office of Personnel Management shall

define the extent to which and the conditions under which an

employee serving within the non-foreign areas may receive both a

non-foreign area post differential and a non-foreign area

cost-of-living allowance, pursuant to section 207 of the Act. In

carrying out its functions under this Part the Office may take due

notice if any special allowances, other than under section 207 of

the act, granted to personnel employed by the United States in

non-foreign areas.

Sec. 207. Agencies Covered. Subject to the provisions of section

207 of the Act and of this Part, every Executive department,

independent establishment, and wholly owned Government corporation

shall pay (a) a non-foreign area post differential fixed under

section 202 hereof to each of its employees whose basic

compensation is fixed by statute and who is located at the post for

which that differential has been fixed, and (b) a non-foreign area

cost-of-living allowance fixed under section 205 hereof to each of

its employees whose basic compensation is fixed by statute and who

is located at the post for which that allowance has been fixed.

Sec. 208. Payment of Non-Foreign Area Post Differentials and

Cost-of-Living Allowances.

(a) The following regulations shall govern the payment of

non-foreign area post differentials and non-foreign area

cost-of-living allowances under this Part:

(1) Payments shall begin as of the date of arrival at the post on

assignment or transfer and shall end as of the date of departure

from the post for separation or transfer, except that in case of

local recruitment such payments shall begin and end as of the

beginning and end of employment, respectively.

(2) Payments for periods of leave and of detail shall begin and

end as determined in regulations prescribed under section 202(c)

hereof.

(3) Payments to persons serving on a part-time basis shall be

prorated to cover only those periods of time for which such persons

receive basic compensation.

(4) Payment shall not be made for any time for which an employee

does not receive basic compensation.

Sec. 209. Persons Serving Under Contract. Any other provision of

this Part notwithstanding, any person who would otherwise be

eligible to receive a non-foreign area post differential or a

non-foreign area cost-of-living allowance under this Part shall, if

he is serving under a contract, be compensated according to the

terms of such contract for the period thereof and shall, during

such period, be ineligible to receive said differential and

allowance.

Sec. 210. Periodic Review. The Office of Personnel Management

shall periodically review the places designated, the rates fixed,

and the regulations prescribed pursuant to this Part, with a view

to making such changes therein as will insure that payment of

additional compensation under the provisions of this Part shall

continue only during the continuance of conditions justifying such

payment and shall not in any instance exceed the amount justified:

Provided, That the rate of such additional compensation may be

reduced gradually.

PART III - INTERIM ARRANGEMENTS

Sec. 301. Temporary Regulations. During the period commencing

with the date of this order or the effective date of section 207 of

the Act (as defined in section 101 hereof), whichever shall occur

earlier, and ending on a date or dates fixed by the Secretary of

State and the Office of Personnel Management, respectively, as the

effective dates of the designation of places and of the fixing of

additional rates of compensation, under Parts I and II of this

order, but in no event later than January 1, 1949, and

notwithstanding the provisions of Parts I and II of this order, the

payment of salaries and compensation (including the payment of

additional compensation) of persons subject to the provisions of

said section 207 shall be governed by the regulations and practices

in effect in the respective Executive departments, independent

establishments, and wholly owned government corporations

immediately prior to April 20, 1948. Executive Order No. 9962 of

May 24, 1948 is hereby revoked.

PART IV - FOREIGN SERVICE SALARY DIFFERENTIALS

(Part IV relating to Foreign Service salary differentials

terminated June 30, 1951, pursuant to section 404 of this Executive

Order.)

PART V - UNHEALTHFUL POSTS

(Part V relating to Unhealthful Posts terminated June 30, 1951,

pursuant to section 503 of this Executive Order.)

PART VI - GENERAL PROVISIONS

Sec. 601. Publication. This order, and the places designated, the

rates fixed, and the regulations prescribed by the Secretary of

State and the Office of Personnel Management pursuant to Parts I

and II of this order, shall be published in the Federal Register.

EXECUTIVE ORDER NO. 12070

Ex. Ord. No. 12070, June 30, 1978, 43 F.R. 28977, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to

suspension of certain requirements in determination of cost of

living allowance rates, was superseded by Ex. Ord. No. 12510, Apr.

17, 1985, 50 F.R. 15535.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5545b of this

title; title 10 section 1603; title 20 section 906; title 22

section 2506; title 39 section 1005.

-CITE-

5 USC Sec. 5942 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5942. Allowance based on duty at remote worksites

-STATUTE-

(a) Notwithstanding section 5536 of this title, an employee of an

Executive department or an independent establishment who is

assigned to duty, except temporary duty, at a site so remote from

the nearest established communities or suitable places of residence

as to require an appreciable degree of expense, hardship, and

inconvenience, beyond that normally encountered in metropolitan

commuting, on the part of the employee in commuting to and from his

residence and such worksite, is entitled, in addition to pay

otherwise due him, to an allowance of not to exceed $10 a day. The

allowance shall be paid under regulations prescribed by the

President establishing the rates at which the allowance will be

paid and defining and designating those sites, areas, and groups of

positions to which the rates apply.

(b) Under procedures prescribed by the President, the maximum

allowance specified in subsection (a) may be adjusted from time to

time in the interest of recruiting and retaining employees for

performance of duty at remote worksites.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 513; Pub. L. 90-83, Sec.

1(41), Sept. 11, 1967, 81 Stat. 207; Pub. L. 91-656, Sec. 6(a),

Jan. 8, 1971, 84 Stat. 1953; Pub. L. 101-510, div. A, title XII,

Sec. 1206(g), Nov. 5, 1990, 104 Stat. 1662.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 70c. Aug. 31, 1964, Pub.

L. 88-538, Sec. 1,

78 Stat. 745.

-------------------------------

The words ''of the United States'' are omitted as unnecessary

because of the definition of ''employee'' in section 2105.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5942 5 App.: 70c. Mar. 31, 1966, Pub.

L. 89-383, Sec. 1,

80 Stat. 98.

-------------------------------

AMENDMENTS

1990 - Pub. L. 101-510 designated existing provisions as subsec.

(a) and added subsec. (b).

1971 - Pub. L. 91-656 substituted ''duty at remote worksites''

for ''duty on California offshore islands or at Nevada Test Site''

in section catchline and assignment to duty ''at a site so remote

from the nearest established communities or suitable places of

residence as to require an appreciable degree of expense, hardship,

and inconvenience, beyond that normally encountered in metropolitan

commuting, on the part of the employee in commuting to and from his

residence and such worksite'' for assignment to duty ''on one of

the California offshore islands or at the United States Atomic

Energy Commission Nevada Test Site, including the Nuclear Rocket

Development Station'', inserted reference to employee ''of an

Executive department or an independent establishment'' and

provision for designation by regulation of sites to which the rates

apply.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 6(b) of Pub. L. 91-656 provided that: ''Notwithstanding

section 5536 of title 5, United States Code, and the amendment made

by subsection (a) of this section (amending this section), and

until the effective date of regulations prescribed by the President

under such amendment -

''(1) allowances may be paid to employees under section 5942 of

title 5, United States Code, and the regulations prescribed by

the President under such section, as in effect immediately prior

to the effective date of this section (Jan. 8, 1971); and

''(2) such regulations may be amended or revoked in accordance

with such section 5942 as in effect immediately prior to the

effective date of this section (Jan. 8, 1971).''

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under this section to prescribe

regulations establishing rates at which an allowance based on duty

(except temporary duty) at remote worksites will be paid and

defining and designating sites, areas, and groups of positions to

which rates apply delegated to Office of Personnel Management, see

section 8(3) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747,

set out as a note under section 301 of Title 3, The President.

-CITE-

5 USC Sec. 5942a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5942a. Separate maintenance allowance for duty at Johnston

Island

-STATUTE-

(a) Notwithstanding section 5536 of this title, and under

regulations prescribed by the President, an employee of an

Executive agency (other than a Government corporation) who is

assigned to a post of duty at Johnston Island, a possession of the

United States in the Pacific Ocean, is entitled to receive a

separate maintenance allowance if the head of the employing agency

finds that -

(1) it is necessary for the employee to maintain the employee's

spouse or dependents, or both, at a location other than Johnston

Island -

(A) by reason of dangerous or adverse living conditions at

Johnston Island; or

(B) for the convenience of the Federal Government; and

(2) the allowance is needed to help the employee meet the

additional expenses involved in maintaining the employee's spouse

or dependents, or both, at such other location rather than at the

post.

(b) The regulations prescribed by the President shall include

provisions for determining the rate at which an allowance under

this section shall be paid.

-SOURCE-

(Added Pub. L. 102-190, div. A, title X, Sec. 1092(a)(1), Dec. 5,

1991, 105 Stat. 1486.)

-MISC1-

EFFECTIVE DATE

Section 1092(b) of Pub. L. 102-190 provided that: ''The

amendments made by subsection (a) (enacting this section) shall

take effect on the first day of the first month beginning on or

after the date of the enactment of this Act (Dec. 5, 1991).''

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under this section to prescribe

regulations delegated to the Office of Personnel Management by

section 8(4) of Ex. Ord. No. 11609, set out as a note under section

301 of Title 3, The President.

-CITE-

5 USC Sec. 5943 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5943. Foreign currency appreciation allowances

-STATUTE-

(a) The President, under such regulations as he may prescribe,

may meet losses sustained by employees and members of the uniformed

services while serving in a foreign country due to the appreciation

of foreign currency in its relation to the American dollar.

Allowances and expenditures under this section are not subject to

income taxes.

(b) Annual appropriations are authorized to carry out subsection

(a) of this section and to cover any deficiency in the accounts of

the Secretary of the Treasury, including interest, arising out of

the arrangement approved by the President on July 27, 1933, for the

conversion into foreign currency of checks and drafts of employees

and members of the uniformed services for pay and expenses.

(c) Payment under subsection (a) of this section may not be made

to an employee or member of a uniformed service for a period during

which his check or draft was converted into foreign currency under

the arrangement referred to by subsection (b) of this section.

(d) The President shall report annually to Congress all

expenditures made under this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 513; Pub. L. 96-54, Sec.

2(a)(37), Aug. 14, 1979, 93 Stat. 383.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118c. Mar. 26, 1934, ch.

87, 48 Stat. 466.

Aug. 14, 1937, ch.

627, 50 Stat. 641.

Sept. 12, 1950, ch.

946, Sec. 301(87),

64 Stat. 843.

-------------------------------

The section is reorganized and restated for clarity and

conciseness.

In subsection (a), the words ''notwithstanding the provisions of

any other Act'' are omitted as unnecessary. The words ''Secretary

of the Treasury'' are substituted for ''Treasurer of the United

States'' on authority of 1950 Reorg. Plan No. 26 Sec. 1, 2, eff.

July 31, 1950, 64 Stat. 1280. The words ''Provided, That such

action as the President may take shall be binding upon all

executive officers of the Government'' are omitted as surplusage.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-54, Sec. 2(a)(37)(A), struck out

provision relating to recommendation of the Director of the Bureau

of the Budget to the President.

Subsec. (d). Pub. L. 96-54, Sec. 2(a)(37)(B), substituted

''President'' for ''Director of the Bureau of the Budget''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (a) of this section to make

recommendations concerning meeting of losses sustained by employees

and members of uniformed services while serving in a foreign

country due to appreciation of foreign currency in its relation to

American dollar and under subsec. (d) of this section to report

annually to Congress on expenditures made under subsec. (d) of this

section, delegated to Secretary of the Treasury, see section 2 of

Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note

under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 140.

-CITE-

5 USC Sec. 5944 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

(Sec. 5944. Repealed. Pub. L. 98-164, title I, Sec. 127(b)(1), Nov.

22, 1983, 97 Stat. 1027)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 513, authorized

head of Executive department or military department which

maintained a permanent staff of employees in foreign countries to

pay burial expenses and expenses in connection with last illness

and death of a native employee of his department in a country in

which Secretary of State determined it was customary for employers

to pay these expenses, and in foreign countries in which custom did

not exist, on finding that immediate family of deceased was

destitute, he could pay such of expenses as employee in charge of

the office abroad in which deceased was employed considered

proper. See section 3968(a)(1) of Title 22, Foreign Relations and

Intercourse.

-CITE-

5 USC Sec. 5945 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5945. Notary public commission expenses

-STATUTE-

An employee as defined by section 2105 of this title or an

individual employed by the government of the District of Columbia

who is required to serve as a notary public in connection with the

performance of official business is entitled to an allowance,

established by the agency concerned, not in excess of the expense

required to obtain the commission. Funds available to an agency

concerned for personal services or general administrative expenses

are available to carry out this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 514.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 70a. July 11, 1956, ch.

554, Sec. 1, 70

Stat. 519.

5 U.S.C. 70b. July 11, 1956, ch.

554, Sec. 2, 70

Stat. 520.

-------------------------------

In the first sentence, the words ''to be incurred by them in

order'' are omitted as surplusage. The words ''from and after

January 1, 1955'' are omitted as obsolete.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5946 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5946. Membership fees; expenses of attendance at meetings;

limitations

-STATUTE-

Except as authorized by a specific appropriation, by express

terms in a general appropriation, or by sections 4109 and 4110 of

this title, appropriated funds may not be used for payment of -

(1) membership fees or dues of an employee as defined by

section 2105 of this title or an individual employed by the

government of the District of Columbia in a society or

association; or

(2) expenses of attendance of an individual at meetings or

conventions of members of a society or association.

This section does not prevent the use of appropriations for the

Department of Agriculture for expenses incident to the delivery of

lectures, the giving of instructions, or the acquiring of

information at meetings by its employees on subjects relating to

the authorized work of the Department.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 514.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 83. June 26, 1912, ch.

182, Sec. 8, 37

Stat. 184. Mar. 4,

1913, ch. 145 (3d

full par. on p.

854), 37 Stat. 854.

-------------------------------

The words ''or by sections 4109 and 4110 of this title'' are

added on authority of former sections 2309 and 2318(b), which are

carried into sections 4109 and 4110, respectively.

In the last sentence, the words ''This section does not'' are

substituted for ''That nothing contained in the Act making

appropriations to provide for the expenses of the Government of the

District of Columbia for the fiscal year ending June thirtieth,

nineteen hundred and thirteen, and for other purposes, approved

June twenty-sixth, nineteen hundred and twelve, shall be so

construed as to'' appearing in the Act of Mar. 4, 1913, 37 Stat.

854.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 1474.

-CITE-

5 USC Sec. 5947 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5947. Quarters, subsistence, and allowances for employees of

the Corps of Engineers, Department of the Army, engaged in

floating plant operations

-STATUTE-

(a) An employee of the Corps of Engineers, Department of the

Army, engaged in floating plant operations may be furnished

quarters or subsistence, or both, on vessels, without charge, when

the furnishing of the quarters or subsistence, or both, is

determined to be equitable to the employee concerned, and necessary

in the public interest, in connection with such operations.

(b) Notwithstanding section 5536 of this title, an employee

entitled to the benefits of subsection (a) of this section while on

a vessel, may be paid, in place of these benefits, an allowance for

quarters or subsistence, or both, when -

(1) adverse weather conditions or similar circumstances beyond

the control of the employee or the Corps of Engineers prevent

transportation of the employee from shore to the vessel; or

(2) quarters or subsistence, or both, are not available on the

vessel while it is undergoing repairs.

(c) The quarters or subsistence, or both, or allowance in place

thereof, may be furnished or paid only under regulations prescribed

by the Secretary of the Army.

-SOURCE-

(Added Pub. L. 91-656, Sec. 7(a), Jan. 8, 1971, 84 Stat. 1954.)

-CITE-

5 USC Sec. 5948 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5948. Physicians comparability allowances

-STATUTE-

(a) Notwithstanding any other provision of law, and in order to

recruit and retain highly qualified Government physicians, the head

of an agency, subject to the provisions of this section, section

5307, and such regulations as the President or his designee may

prescribe, may enter into a service agreement with a Government

physician which provides for such physician to complete a specified

period of service in such agency in return for an allowance for the

duration of such agreement in an amount to be determined by the

agency head and specified in the agreement, but not to exceed -

(1) $14,000 per annum if, at the time the agreement is entered

into, the Government physician has served as a Government

physician for twenty-four months or less, or

(2) $30,000 per annum if the Government physician has served as

a Government physician for more than twenty-four months.

For the purpose of determining length of service as a Government

physician, service as a physician under section 4104 or 4114

(FOOTNOTE 1) of title 38 or active service as a medical officer in

the commissioned corps of the Public Health Service under Title II

of the Public Health Service Act (42 U.S.C. ch. 6A) shall be deemed

service as a Government physician.

(FOOTNOTE 1) See References in Text note below.

(b) An allowance may not be paid pursuant to this section to any

physician who -

(1) is employed on less than a half-time or intermittent basis,

(2) occupies an internship or residency training position,

(3) is a reemployed annuitant, or

(4) is fulfilling a scholarship obligation.

(c) The head of an agency, pursuant to such regulations,

criteria, and conditions as the President or his designee may

prescribe, shall determine categories of positions applicable to

physicians in such agency with respect to which there is a

significant recruitment and retention problem. Only physicians

serving in such positions shall be eligible for an allowance

pursuant to this section. The amounts of each such allowance shall

be determined by the agency head, subject to such regulations,

criteria, and conditions as the President or his designee may

prescribe, and shall be the minimum amount necessary to deal with

the recruitment and retention problem for each such category of

physicians.

(d) Any agreement entered into by a physician under this section

shall be for a period of one year of service in the agency involved

unless the physician requests an agreement for a longer period of

service.

(e) Unless otherwise provided for in the agreement under

subsection (f) of this section, an agreement under this section

shall provide that the physician, in the event that such physician

voluntarily, or because of misconduct, fails to complete at least

one year of service pursuant to such agreement, shall be required

to refund the total amount received under this section, unless the

head of the agency, pursuant to such regulations as may be

prescribed under this section by the President or his designee,

determines that such failure is necessitated by circumstances

beyond the control of the physician.

(f) Any agreement under this section shall specify, subject to

such regulations as the President or his designee may prescribe,

the terms under which the head of the agency and the physician may

elect to terminate such agreement, and the amounts, if any,

required to be refunded by the physician for each reason for

termination.

(g) For the purpose of this section -

(1) ''Government physician'' means any individual employed as a

physician or dentist who is paid under -

(A) section 5332 of this title, relating to the General

Schedule;

(B) Subchapter VIII of chapter 53 of this title, relating to

the Senior Executive Service;

(C) section 5371, relating to certain health care positions;

(D) section 3 of the Tennessee Valley Authority Act of 1933

(16 U.S.C. 831b), relating to the Tennessee Valley Authority;

(E) chapter 4 of title I of the Foreign Service Act of 1980

(22 U.S.C. 3961 and following), relating to the Foreign

Service;

(F) section 10 of the Central Intelligence Agency Act of 1949

(50 U.S.C. 403j), relating to the Central Intelligence Agency;

(G) section 1202 of the Panama Canal Act of 1979, relating to

the Panama Canal Commission;

(H) section 2 of the Act of May 29, 1959 (FOOTNOTE 2) (Public

Law 86-36, as amended, 50 U.S.C. 402 note), relating to the

National Security Agency;

(FOOTNOTE 2) See References in Text note below.

(I) section 5376, relating to certain senior-level positions;

(J) section 5377, relating to critical positions; or

(K) subchapter IX of chapter 53, relating to special

occupational pay systems; and

(2) ''agency'' means an Executive agency, as defined in section

105 of this title, the Library of Congress, and the District of

Columbia government.

(h)(1) Any allowance paid under this section shall not be

considered as basic pay for the purposes of subchapter VI and

section 5595 of chapter 55, chapter 81 or 87 of this title, or

other benefits related to basic pay.

(2) Any allowance under this section for a Government physician

shall be paid in the same manner and at the same time as the

physician's basic pay is paid.

(i) Any regulations, criteria, or conditions that may be

prescribed under this section by the President or his designee

shall not be applicable to the Tennessee Valley Authority, and the

Tennessee Valley Authority shall have sole responsibility for

administering the provisions of this section with respect to

Government physicians employed by the Authority.

(j) Not later than June 30 of each year, the President shall

submit to each House of Congress a written report on the operation

of this section. Each report shall include, with respect to the

year covered by such report, information as to -

(1) which agencies entered into agreements under this section;

(2) the nature and extent of the recruitment or retention

problems justifying the use of authority by each agency under

this section;

(3) the number of physicians with whom agreements were entered

into by each agency;

(4) the size of the allowances and the duration of the

agreements entered into; and

(5) the degree to which the recruitment or retention problems

referred to in paragraph (2) were alleviated under this section.

-SOURCE-

(Added Pub. L. 95-603, Sec. 2(a), Nov. 6, 1978, 92 Stat. 3018;

amended Pub. L. 96-166, Sec. 2, Dec. 29, 1979, 93 Stat. 1273; Pub.

L. 97-141, Sec. 2, Dec. 29, 1981, 95 Stat. 1719; Pub. L. 98-168,

title I, Sec. 102(a), Nov. 29, 1983, 97 Stat. 1105; Pub. L. 98-615,

title II, Sec. 204(a)(3), Nov. 8, 1984, 98 Stat. 3216; Pub. L.

100-140, Sec. 1, Oct. 26, 1987, 101 Stat. 830; Pub. L. 101-420,

Sec. 1(a), formerly Sec. 1, Oct. 12, 1990, 104 Stat. 908,

renumbered Sec. 1(a), Pub. L. 103-114, Sec. 1(b)(2)(A), Oct. 26,

1993, 107 Stat. 1115; Pub. L. 102-378, Sec. 2(51), Oct. 2, 1992,

106 Stat. 1353; Pub. L. 103-89, Sec. 3(b)(1)(M), Sept. 30, 1993,

107 Stat. 982; Pub. L. 103-114, Sec. 1(a)(1), 2(a), Oct. 26, 1993,

107 Stat. 1115, 1116; Pub. L. 105-61, title V, Sec. 517(a), Oct.

10, 1997, 111 Stat. 1307; Pub. L. 105-266, Sec. 7(a), Oct. 19,

1998, 112 Stat. 2369; Pub. L. 106-554, Sec. 1(a)(1) (title II, Sec.

218(a)), Dec. 21, 2000, 114 Stat. 2763, 2763A-28; Pub. L. 106-571,

Sec. 2(a)(1), (b), 3(d), Dec. 28, 2000, 114 Stat. 3054, 3057.)

-REFTEXT-

REFERENCES IN TEXT

Sections 4104 and 4114 of title 38, referred to in subsec. (a),

were repealed by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7,

1991, 105 Stat. 210, and a new section 4101 containing different

subject matter was added. For provisions similar to those

contained in sections 4104 and 4114 prior to repeal, see sections

7401 and 7405 to 7407 of Title 38, Veterans' Benefits.

The Public Health Service Act, referred to in subsec. (a), is act

July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title II of the

Public Health Service Act is classified generally to subchapter I

(Sec. 201 et seq.) of chapter 6A of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 201 of Title 42 and Tables.

The Foreign Service Act of 1980, referred to in subsec.

(g)(1)(E), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as

amended. Chapter 4 of title I of the Act is classified generally

to subchapter IV (Sec. 3961 et seq.) of chapter 52 of Title 22,

Foreign Relations and Intercourse. For complete classification of

this Act to the Code, see Short Title note set out under section

3901 of Title 22 and Tables.

Section 1202 of the Panama Canal Act of 1979, referred to in

subsec. (g)(1)(G), is classified to section 3642 of Title 22,

Foreign Relations and Intercourse.

Section 2 of the Act of May 29, 1959 (Public Law 86-36, as

amended, 50 U.S.C. 402 note), referred to in subsec. (g)(1)(H), was

repealed by Pub. L. 104-201, div. A, title XVI, Sec. 1633(b)(1),

Sept. 23, 1996, 110 Stat. 2751.

-MISC2-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-571, Sec. 2(a)(1), struck out

second sentence which read as follows: ''No agreement shall be

entered into under this section later than September 30, 2005, nor

shall any agreement cover a period of service extending beyond

September 30, 2007.''

Pub. L. 106-554 amended second sentence generally. Prior to

amendment, second sentence read as follows: ''No agreement shall be

entered into under this section later than September 30, 2000, nor

shall any agreement cover a period of service extending beyond

September 30, 2002.''

Subsec. (h)(1). Pub. L. 106-571, Sec. 3(d), substituted ''chapter

81 or 87'' for ''chapter 81, 83, or 87''.

Subsec. (j). Pub. L. 106-571, Sec. 2(b), in par. (1), substituted

''(j)'' for ''(j)(1)'', redesignated subpars. (A) to (E) as pars.

(1) to (5), respectively, in par. (5), substituted ''paragraph

(2)'' for ''subparagraph (B)'', and struck out former par. (2)

which read as follows: ''In addition to the information required

under paragraph (1), the last report due under this subsection

before the expiration of the authority to enter into agreements

under this section shall include -

''(A) recommendations as to whether or not such authority

should be continued beyond September 30, 2000, and, if so, by

what period of time; and

''(B) the reasons for those recommendations.''

1998 - Subsec. (a)(2). Pub. L. 105-266 substituted ''$30,000''

for ''$20,000''.

1997 - Subsec. (d). Pub. L. 105-61, Sec. 517(a)(1), substituted

''No agreement shall be entered into under this section later than

September 30, 2000, nor shall any agreement cover a period of

service extending beyond September 30, 2002.'' for ''No agreement

shall be entered into under this section later than September 30,

1997, nor shall any agreement cover a period of service extending

beyond September 30, 1999.''

Subsec. (j)(2)(A). Pub. L. 105-61, Sec. 517(a)(2), substituted

''September 30, 2000'' for ''September 30, 1997''.

1993 - Subsec. (d). Pub. L. 103-114, Sec. 1(a)(1), amended second

sentence generally. Prior to amendment, second sentence read as

follows: ''No agreement shall be entered into under this section

later than September 30, 1993, nor shall any agreement cover a

period of service extending beyond September 30, 1995.''

Subsec. (g)(1)(C) to (L). Pub. L. 103-89 redesignated subpars.

(D) to (L) as (C) to (K), respectively, and struck out former

subpar. (C) which read as follows: ''chapter 54 of this title,

relating to the performance management and recognition system;''.

Subsec. (j). Pub. L. 103-114, Sec. 2(a), added subsec. (j).

1992 - Subsec. (a). Pub. L. 102-378, Sec. 2(51)(A), inserted '',

section 5307,'' after ''provisions of this section'' in first

sentence.

Subsec. (g)(1)(D). Pub. L. 102-378, Sec. 2(51)(B)(i), amended

subpar. (D) generally. Prior to amendment, subpar. (D) read as

follows: ''section 5371 of this title, or similar statutory

authority, relating to administratively determined pay for certain

specially qualified scientific or professional personnel;''.

Subsec. (g)(1)(J) to (L). Pub. L. 102-378, Sec.

2(51)(B)(ii)-(iv), added subpars. (J) to (L).

1990 - Subsec. (d). Pub. L. 101-420 added second sentence and

struck out former second sentence which read as follows: ''No

agreement shall be entered into under this section later than

September 30, 1990, nor shall any agreement cover a period of

service extending beyond September 30, 1992.''

1987 - Subsec. (a). Pub. L. 100-140, Sec. 1(a)(3), inserted last

sentence.

Subsec. (a)(1). Pub. L. 100-140, Sec. 1(a)(1), substituted

''$14,000'' for ''$7,000''.

Subsec. (a)(2). Pub. L. 100-140, Sec. 1(a)(2), substituted

''$20,000'' for ''$10,000''.

Subsec. (d). Pub. L. 100-140, Sec. 1(b), substituted ''September

30, 1990'' for ''September 30, 1987'' and ''September 30, 1992''

for ''September 30, 1989''.

1984 - Subsec. (g)(1)(C). Pub. L. 98-615 substituted

''performance management and recognition system'' for ''Merit Pay

System''.

1983 - Subsec. (d). Pub. L. 98-168 substituted ''1987'' for

''1983'', and ''1989'' for ''1985''.

1981 - Subsec. (d). Pub. L. 97-141, Sec. 2(1), substituted

''September 30, 1983, nor shall any agreement cover a period of

service extending beyond September 30, 1985'' for ''September 30,

1981, nor shall any agreement cover a period of service extending

beyond September 30, 1983''.

Subsec. (g)(1). Pub. L. 97-141, Sec. 2(2), (3), reenacted

provisions preceding subpar. (A) without change, and in subpar.

(F), substituted ''chapter 4 of title I of the Foreign Service Act

of 1980 (22 U.S.C. 3961 and following)'' for ''title 4 of the

Foreign Service Act of 1946 (22 U.S.C. 861-890)''.

1979 - Subsec. (d). Pub. L. 96-166, Sec. 2(1), substituted

''September 30, 1981'' for ''September 30, 1979'' and ''September

30, 1983'' for ''September 30, 1981''.

Subsec. (g)(1). Pub. L. 96-166, Sec. 2(2)(A), directed the

amendment of subsec. (g)(1) by inserting ''or dentist'' after

''physician'' which was executed by inserting the term after

''employed as a physician'' in introductory phrase as the probable

intent of Congress.

Pub. L. 96-166, Sec. 2(2)(B)-(E), redesignated subpars. (B)

through (G) as (D) through (I), respectively, added subpars. (B)

and (C), substituted in subpar. (D) as redesignated, ''5371'' for

''5361'', and substituted in subpar. (H) as redesignated, ''section

1202 of the Panama Canal Act of 1979, relating to the Panama Canal

Commission; or'' for ''section 121 of title 2 of the Canal Zone

Code, relating to the Canal Zone Government and the Panama Canal

Company; or''.

Subsec. (g)(2). Pub. L. 96-166, Sec. 2(3), inserted reference to

the Library of Congress.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 517(c) of Pub. L. 105-61 provided that: ''The amendments

made by this section (amending this section and provisions set out

as a note under this section) shall take effect on the date of

enactment of this Act (Oct. 10, 1997).''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section

3(c) of Pub. L. 103-89, set out as a note under section 3372 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 205 of Pub. L. 98-615 provided that amendment by Pub. L.

98-615 was effective Oct. 1, 1984, and applicable with respect to

pay periods commencing on or after that date, with certain

exceptions and qualifications.

EFFECTIVE DATE OF REPEAL

Section 3 of Pub. L. 95-603, as amended by Pub. L. 96-166, Sec.

4, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 97-141, Sec. 3, Dec. 29,

1981, 95 Stat. 1719; Pub. L. 98-168, title I, Sec. 102(b), Nov. 29,

1983, 97 Stat. 1105; Pub. L. 100-140, Sec. 1(c), as added Pub. L.

103-114, Sec. 1(b)(1), Oct. 26, 1993, 107 Stat. 1115; Pub. L.

101-420, Sec. 1(b), as added Pub. L. 103-114, Sec. 1(b)(2)(B), Oct.

26, 1993, 107 Stat. 1115; Pub. L. 103-114, Sec. 1(a)(2), Oct. 26,

1993, 107 Stat. 1115; Pub. L. 105-61, title V, Sec. 517(b), Oct.

10, 1997, 111 Stat. 1307; Pub. L. 106-554, Sec. 1(a)(1) (title II,

Sec. 218(b)), Dec. 21, 2000, 114 Stat. 2763, 2763A-28, which

provided that this section would be repealed, unless specifically

extended by Act of Congress, effective on Sept. 30, 2007, was

repealed by Pub. L. 106-571, Sec. 2(a)(2), Dec. 28, 2000, 114 Stat.

3054.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-571, Sec. 1, Dec. 28, 2000, 114 Stat. 3054, provided

that: ''This Act (amending this section and sections 8331, 8339,

8401, and 8415 of this title) may be cited as the 'Federal

Physicians Comparability Allowance Amendments of 2000'.''

SHORT TITLE OF 1983 AMENDMENT

Section 101 of title I of Pub. L. 98-168 provided that: ''This

title (amending this section, enacting provisions set out below,

and amending provisions set out as a note above) may be cited as

the 'Federal Physicians Comparability Allowance Amendments of

1983'.''

SHORT TITLE OF 1981 AMENDMENT

Section 1 of Pub. L. 97-141 provided: ''That this Act (amending

this section and section 8344 of this title and provisions set out

below and enacting provisions set out as notes under this section

and section 8344 of this title) may be cited as the 'Federal

Physicians Comparability Allowance Amendments of 1981'.''

SHORT TITLE OF 1979 AMENDMENT

Section 1 of Pub. L. 96-166 provided: ''That this Act (amending

this section and section 5383 of this title and provisions set out

as a note under this section, and enacting provisions set out

below) may be cited as the 'Federal Physicians Comparability

Allowance Amendments of 1979'.''

SHORT TITLE

Section 1 of Pub. L. 95-603 provided: ''That this Act (enacting

this section and provisions set out as notes under this section)

may be cited as the 'Federal Physicians Comparability Allowance Act

of 1978'.''

CONSTRUCTION OF 1998 AMENDMENT

Pub. L. 105-266, Sec. 7(c), Oct. 19, 1998, 112 Stat. 2370,

provided that: ''Nothing in this section (amending this section and

enacting provisions set out as a note below) shall be considered to

authorize additional or supplemental appropriations for the fiscal

year in which occurs the date of the enactment of this Act (Oct.

19, 1998).''

CONSTRUCTION OF 1993 AMENDMENT

Section 1(a)(4) of Pub. L. 103-114 provided that: ''The

amendments made by this subsection (amending this section and

provisions set out above) shall not be construed to authorize

additional or supplemental appropriations for the fiscal year

ending September 30, 1993.''

Section 1(c) of Pub. L. 103-114 provided that: ''For purposes of

applying the amendments made by this section (amending this section

and enacting and amending provisions set out as notes above) -

''(1) the provisions of subsection (b)(1) (enacting and

amending provisions set out as notes above) shall be treated as

having been enacted immediately before the provisions of

subsection (b)(2) (enacting and amending provisions set out as

notes above); and

''(2) the provisions of subsection (b)(2) shall be treated as

having been enacted immediately before the provisions of

subsection (a) (amending this section and enacting and amending

provisions set out as notes above).''

MODIFICATION OF SERVICE AGREEMENTS IN EFFECT ON OCTOBER 19, 1998;

LIMITATION

Pub. L. 105-266, Sec. 7(b), Oct. 19, 1998, 112 Stat. 2369,

provided that:

''(1) In general. - Any service agreement under section 5948 of

title 5, United States Code, which is in effect on the date of the

enactment of this Act (Oct. 19, 1998) may, with respect to any

period of service remaining in such agreement, be modified based on

the amendment made by subsection (a) (amending this section).

''(2) Limitation. - A modification taking effect under this

subsection in any year shall not cause an allowance to be increased

to a rate which, if applied throughout such year, would cause the

limitation under section 5948(a)(2) of such title (as amended by

this section), or any other applicable limitation, to be

exceeded.''

EFFECTIVENESS OF SERVICE AGREEMENTS LIMITED BY APPROPRIATION ACTS

Section 1(a)(3) of Pub. L. 103-114 provided that: ''Any service

agreement entered into on or after the date of the enactment of

this Act (Oct. 26, 1993) pursuant to section 5948 of title 5,

United States Code, as amended by paragraph (1), shall be effective

only to such extent or in such amounts as are provided in advance

in appropriation Acts.''

DUE DATE FOR FIRST ANNUAL REPORT ON OPERATION OF SECTION

Section 2(b) of Pub. L. 103-114 provided that: ''The first report

under section 5948(j) of title 5, United States Code, as amended by

subsection (a), shall be due not later than June 30, 1994.''

PAY OF CERTAIN FEDERAL PHYSICIANS FOR FISCAL YEAR 1982

Section 103 of Pub. L. 98-168 provided that any individual whose

aggregate pay for fiscal year 1982 exceeded the limitation set

forth in section 5383(b) of this title is relieved of all liability

to the United States for any amounts paid to such individual in

excess of such limitation if, and to the extent that, such

liability takes into account any allowance paid under this section,

provided for repayment to individuals relieved from liability of

amounts already paid, and defined the terms ''aggregate pay'',

''appropriate agency head'', and ''agency''.

SERVICE AGREEMENTS ENTERED INTO ON OR AFTER DECEMBER 29, 1981;

ADVANCE AUTHORIZATION; FISCAL YEAR 1982

Section 4 of Pub. L. 97-141 provided that any service agreement

entered into on or after Dec. 29, 1981, pursuant to this section,

as amended by section 2 of Pub. L. 97-141, shall be effective only

to such extent or in such amounts as are provided in advance in

appropriation Acts, and that the amendments made by Pub. L. 97-141

shall not be construed to authorize additional or supplemental

appropriations for the fiscal year ending Sept. 30, 1982.

SERVICE AGREEMENTS ENTERED INTO ON OR AFTER DECEMBER 29, 1979;

ADVANCE AUTHORIZATION

Section 5 of Pub. L. 96-166 provided that any service agreement

entered into on or after Dec. 29, 1979, pursuant to this section,

as amended by section 2 of Pub. L. 96-166, shall be effective only

to such extent or in such amounts as are provided in advance in

appropriation Acts.

TIME OF ENTRY INTO ALLOWANCE AGREEMENTS AND FOR COMMENCEMENT OF

ALLOWANCE

Section 2(c) of Pub. L. 95-603 provided that no agreement be

entered into under this section before 60th day after Nov. 6, 1978,

and that no agreement provide for payment of any allowance under

such section for any pay period beginning before later of such 60th

day, or Oct. 1, 1978.

-EXEC-

EX. ORD. NO. 12109. DELEGATION OF AUTHORITY TO DIRECTOR OF OFFICE

OF PERSONNEL MANAGEMENT

Ex. Ord. No. 12109, Dec. 28, 1978, 44 F.R. 1067, provided:

By the authority vested in me as President of the United States

of America by Section 5948 of Title 5 and Section 301 of Title 3 of

the United States Code, it is hereby ordered as follows:

1-101. The Director of the Office of Personnel Management is

hereby designated and empowered to exercise, in consultation with

the Director of the Office of Management and Budget, the authority

of the President under Section 5948 of Title 5 of the United States

Code, to prescribe regulations, criteria, and conditions with

regard to the payment of comparability allowances to recruit and

retain certain Federal physicians.

1-102. Until the Office of Personnel Management is established

(on or before January 1, 1979), pursuant to Reorganization Plan No.

2 of 1978 (43 FR 36037) (set out under section 1101 of this title),

the Civil Service Commission shall exercise the authority delegated

under this Order to the Director of the Office of Personnel

Management. Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 8331, 8401 of this

title; title 24 section 225e; title 42 section 1395b-6.

-CITE-

5 USC Sec. 5949 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 59 - ALLOWANCES

SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

-HEAD-

Sec. 5949. Hostile fire pay

-STATUTE-

(a) The head of an Executive agency may pay an employee hostile

fire pay at the rate of $150 for any month in which the employee

was -

(1) subject to hostile fire or explosion of hostile mines;

(2) on duty in an area in which the employee was in imminent

danger of being exposed to hostile fire or explosion of hostile

mines and in which, during the period on duty in that area, other

employees were subject to hostile fire or explosion of hostile

mines; or

(3) killed, injured, or wounded by hostile fire, explosion of a

hostile mine, or any other hostile action.

(b) An employee covered by subsection (a)(3) who is hospitalized

for the treatment of his or her injury or wound may be paid hostile

fire pay under this section for not more than three additional

months during which the employee is so hospitalized.

(c) An employee may be paid hostile fire pay under this section

in addition to other pay and allowances to which entitled, except

that an employee may not be paid hostile fire pay under this

section for periods of time during which the employee receives

payment under section 5925 of this title because of exposure to

political violence or payment under section 5928 of this title.

-SOURCE-

(Added Pub. L. 107-107, div. A, title XI, Sec. 1111(a), Dec. 28,

2001, 115 Stat. 1238.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-107, div. A, title XI, Sec. 1111(c), Dec. 28, 2001,

115 Stat. 1238, provided that: ''This provision (probably means

section, which enacted this section) is effective as if enacted

into law on September 11, 2001, and may be applied with respect to

any hostile action that took place on or after that date.''

-CITE-

5 USC Subpart E - Attendance and Leave 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

.

-HEAD-

Subpart E - Attendance and Leave

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 9701 of this title.

-CITE-