5 U.S.C. § 5924 — Cost-of-living allowances

Page 770 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5924 ployee in a foreign area, one or more of the fol- lowing quarters allowances may be granted when applicable: (1) A temporary subsistence allowance for the reasonable cost of temporary quarters (in- cluding 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 assign- ment 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 resi- dence 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, nec- essary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the pri- vately leased residence of an employee at a post of assignment in a foreign area, if— (A) the expenses are administratively ap- proved in advance; and (B) the duration and terms of the lease jus- tify payment of the expenses by the Govern- ment. (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 tem- porary quarters. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 511; Pub. L. 97–258, § 3(a)(15), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 102–138, title I, § 147(d), Oct. 28, 1991, 105 Stat. 669.) 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, § 211, 74 Stat. 793. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes 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’’. § 5924. Cost-of-living allowances 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 as- signment of the employee in a foreign area and the cost of living in the District of Colum- bia, except that employees receiving the tem- porary 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 unavoid- able lease penalties), not otherwise com- pensated 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 pos- sessions, 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 as- sist an employee who is compelled or author- ized, because of dangerous, notably unhealthful, or excessively adverse living con- ditions at the employee’s post of assignment in a foreign area, or for the convenience of the Government, or who requests such an allow- ance because of special needs or hardship in- volving 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 ex- traordinary and necessary expenses, not other- wise compensated for, incurred because of his service in a foreign area or foreign areas in providing adequate education for his depend- ents (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 (includ- ing 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 avail- able at the post of the employee, board and room, and periodic transportation between that post and the school chosen by the em- ployee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest United States locality where an adequate school is avail- able, without regard to section 3324(a) and (b) of title 31. When travel from school to post is infeasible, travel may be allowed be- Page 771 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5924 tween the school attended and the home of a designated relative or family friend or to join a parent at any location, with the al- lowable 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 edu- cational facility used. (B) The travel expenses of dependents of an employee to and from a secondary or post- secondary educational institution, not to ex- ceed one annual trip each way for each de- pendent, except that an allowance payment under subparagraph (A) may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under authority con- tained in this subparagraph. (C) In those cases in which an adequate school is available at the post of the em- ployee, 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 ex- ceed the total cost to the Government of the dependent attending an adequate school at the post of the employee. (D) Allowances provided pursuant to sub- paragraphs (A) and (B) may include, at the election of the employee, payment or reim- bursement of the costs incurred to store bag- gage for the employee’s dependent at or in the vicinity of the dependent’s school during one trip per year by the dependent between the school and the employee’s duty station, except that such payment or reimbursement may not exceed the cost that the Govern- ment would incur to transport the baggage in connection with the trip, and such pay- ment or reimbursement shall be in lieu of transportation of the baggage. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 511; Pub. L. 92–187, § 2, Dec. 15, 1971, 85 Stat. 644; Pub. L. 93–126, § 12, Oct. 18, 1973, 87 Stat. 454; Pub. L. 93–475, § 13, Oct. 26, 1974, 88 Stat. 1443; Pub. L. 94–141, title IV, § 405, Nov. 29, 1975, 89 Stat. 770; Pub. L. 96–53, title V, § 510, Aug. 14, 1979, 93 Stat. 380; Pub. L. 96–100, title V, § 502, Nov. 2, 1979, 93 Stat. 734; Pub. L. 96–132, § 4(h), Nov. 30, 1979, 93 Stat. 1045; Pub. L. 96–465, title II, §§ 2307, 2308, Oct. 17, 1980, 94 Stat. 2165; Pub. L. 97–258, § 3(a)(15), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 99–251, title III, § 303, Feb. 27, 1986, 100 Stat. 26; Pub. L. 101–510, div. A, title XII, § 1206(h), Nov. 5, 1990, 104 Stat. 1662; Pub. L. 102–138, title I, § 147(e), Oct. 28, 1991, 105 Stat. 670; Pub. L. 103–236, title I, § 176, Apr. 30, 1994, 108 Stat. 413; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(7), Sept. 23, 1996, 110 Stat. 2869; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 336], Nov. 29, 1999, 113 Stat. 1536, 1501A–442; Pub. L. 107–228, div. A, title III, § 319, Sept. 30, 2002, 116 Stat. 1380; Pub. L. 109–472, § 3, Jan. 11, 2007, 120 Stat. 3554.) 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, § 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in par. (4)(A), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see sec- tion 1400 of Title 20 and Tables. AMENDMENTS 2007—Par. (4)(A). Pub. L. 109–472, § 3(1), inserted ‘‘United States’’ after ‘‘nearest’’ in first sentence. Par. (4)(B). Pub. L. 109–472, § 3(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to educational travel expenses of dependents of an em- ployee. Par. (4)(D). Pub. L. 109–472, § 3(3), added subpar. (D). 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 em- ployee’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 Gov- ernment 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 de- pendent attending an adequate school in the nearest lo- cality where an adequate school is available,’’ for ‘‘be- tween that post and the nearest locality where ade- quate schools are available,’’ in subpar. (A) and added subpar. (C). 1996—Par. (3). Pub. L. 104–201 struck out at end ‘‘Not- withstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this para- graph, the term ‘foreign area’ includes the Republic of Panama.’’ 1994—Par. (4)(A). Pub. L. 103–236, § 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 fam- ily friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of trav- el between the school and the post.’’ Par. (4)(B). Pub. L. 103–236, § 176(b), inserted ‘‘(or to and from a school outside the United States if the de- pendent 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 al- lowable 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, § 147(e)(1), substituted ‘‘Columbia, except that employees receiving the tem- porary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph’’ for ‘‘Columbia’’. Par. (2). Pub. L. 102–138, § 147(e)(2), in introductory provisions substituted ‘‘subsistence and other reloca- tion expenses (including unavoidable lease penalties)’’ for ‘‘expenses’’, in subpar. (A) inserted ‘‘the Common- wealth of the Northern Mariana Islands,’’ after ‘‘Puerto Rico,’’ and in subpar. (B) substituted ‘‘after the em- ployee agrees in writing to remain in Government serv- ice for 12 months after transfer, unless separated for reasons beyond the control of the employee that are ac- ceptable to the agency concerned’’ for ‘‘between assign- ments to posts in foreign areas’’. Par. (4). Pub. L. 102–138, § 147(e)(3), in introductory provisions substituted ‘‘dependents (or, to the extent Page 772 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5925 education away from post is involved, official assign- ment to service in such area or areas)’’ for ‘‘depend- ents’’, in subpar. (A) substituted ‘‘United States (in- cluding such educational services as are provided by the States under the Individuals with Disabilities Edu- cation 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 ‘‘edu- cational institution’’ for purposes of subpar. (B). 1990—Par. (3). Pub. L. 101–510 inserted at end ‘‘Not- withstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this para- graph, the term ‘foreign area’ includes the Republic of Panama.’’ 1986—Par. (2)(A). Pub. L. 99–251 inserted ‘‘, its terri- tories 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 agree- ments’’. 1982—Par. (4)(A). Pub. L. 97–258 substituted ‘‘section 3324(a) and (b)’’ for ‘‘section 529’’. 1980—Par. (3). Pub. L. 96–465, § 2307, inserted ‘‘or au- thorized’’ after ‘‘compelled’’ and ‘‘or who requests such an allowance because of special needs or hardship in- volving the employee or the employee’s spouse or de- pendents’’ after ‘‘of the Government,’’. Par. (4)(B). Pub. L. 96–465, § 2308, substituted ‘‘one an- nual trip each way for each dependent’’ for ‘‘(i) in the case of dependents traveling to obtain secondary edu- cation, 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 Inter- national 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 ob- taining 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 applica- bility to dependents of employees of the Central Intel- ligence Agency and the National Security Agency. Pub. L. 96–53 substituted ‘‘(i) in the case of depend- ents traveling to obtain secondary education, one an- nual trip, or in the case of dependents traveling to ob- tain undergraduate college education, two annual trips, each way for each dependent of an employee of the De- partment of State, of the International Communication Agency, or of the Agency for International Develop- ment, 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 applica- bility 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 an- nual trip each way for each dependent of an employee of the Department of State or the United States Infor- mation Agency, or one trip each way for each depend- ent of any other employee,’’ for ‘‘one trip each way for each dependent’’. 1973—Par. (4)(A). Pub. L. 93–126 inserted ‘‘kinder- garten,’’ before ‘‘elementary’’. 1971—Par. (3). Pub. L. 92–187 substituted ‘‘the employ- ee’s post’’ for ‘‘his post’’ and ‘‘the employee’s spouse or’’ for ‘‘his wife or his’’. Statutory Notes and Related Subsidiaries 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 Inter- course. Executive Documents DELEGATION OF FUNCTIONS Secretary of State empowered to prescribe regula- tions governing travel expenses for dependents of cer- tain 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. § 5925. Post differentials (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 addi- tional pay as a recruitment and retention incen- tive. 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 35 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 con- ditions of environment which warrant addi- tional pay as a recruitment and retention incen- tive 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 512; Pub. L. 96–465, title II, § 2309, Oct. 17, 1980, 94 Stat. 2165; Pub. L. 108–199, div. D, title V, § 591(a), Jan. 23, 2004, 118 Stat. 207; Pub. L. 109–140, § 4(b), Dec. 22, 2005, 119 Stat. 2651.) 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, § 231, 74 Stat. 795. In the last sentence, the words ‘‘Additional com- pensation paid as’’ are omitted as surplusage. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–140 struck out ‘‘25 per- cent of the rate of basic pay or, in the case of an em- ployee of the United States Agency for International Development,’’ after ‘‘may not exceed’’ in last sen- tence. 2004—Subsec. (a). Pub. L. 108–199 inserted ‘‘or, in the case of an employee of the United States Agency for International Development, 35 percent of the rate of basic pay’’ after ‘‘25 percent of the rate of basic pay’’.