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5 U.S.C. § 5942a — Separate maintenance allowance for duty at Johnston Island
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding [section 5536 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5536&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5942a
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Stable record: federal_law:legal_authorities:record_usc_2508f44d191f8935110fe339
Source file: Laws/federal/codes/united-states-code/title-5/section-5942a-separate-maintenance-allowance-for-duty-at-johnston-island--33ac4cd5c0.md
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Source location: Title 5, Chapter 59, § 5942a; chapter-059-allowances.md
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**(a)** Notwithstanding [section 5536 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5536&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
An employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5536
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b).
(2) For the purpose of this section—
(A) “personnel action” means—
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this title or other disciplinary or corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter 43 of this title or under title 38;
(ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination;
(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and
(xii) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim);
(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
Page 780
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5942a
‘‘(a) ASSESSMENT AND RATE.—Not later than March
31, 2022, the Director of the Office of Personnel Manage-
ment shall complete an assessment of the remote site
pay allowance under section 5942 of title 5, United
States Code, and propose a new rate of such allowance,
adjusted for inflation, and submit such assessment and
rate to the President and to Congress.
‘‘(b) APPLICATION.—Beginning on the first day of the
first pay period beginning after the date the Director
submits the assessment and rate under subsection (a),
such rate shall, notwithstanding subsection (a) of such
section 5942, be the rate of such allowance.’’
Executive Documents
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 work-
sites will be paid and defining and designating sites,
areas, and groups of positions to which rates apply del-
egated 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 Presi-
dent.
§ 5942a. Separate maintenance allowance for
duty at Johnston Island
(a) Notwithstanding section 5536 of this title,
and under regulations prescribed by the Presi-
dent, an employee of an Executive agency (other
than a Government corporation) who is assigned
to a post of duty at Johnston Island, a posses-
sion of the United States in the Pacific Ocean,
is entitled to receive a separate maintenance al-
lowance if the head of the employing agency
finds that—
(1) it is necessary for the employee to main-
tain the employee’s spouse or dependents, or
both, at a location other than Johnston
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5942a
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