5 U.S.C. § 5942a — Separate maintenance allowance for

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 Is- land— (A) by reason of dangerous or adverse liv- ing conditions at Johnston Island; or (B) for the convenience of the Federal Gov- ernment; and (2) the allowance is needed to help the em- ployee meet the additional expenses involved in maintaining the employee’s spouse or de- pendents, or both, at such other location rath- er than at the post. (b) The regulations prescribed by the Presi- dent shall include provisions for determining the rate at which an allowance under this sec- tion shall be paid. (Added Pub. L. 102–190, div. A, title X, § 1092(a)(1), Dec. 5, 1991, 105 Stat. 1486.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–190, div. A, title X, § 1092(b), Dec. 5, 1991, 105 Stat. 1487, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall take ef- fect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 5, 1991].’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under this section to prescribe regulations delegated to the Office of Personnel Man- agement by section 8(4) of Ex. Ord. No. 11609, set out as a note under section 301 of Title 3, The President. § 5943. Foreign currency appreciation allowances (a) The President, under such regulations as he may prescribe, may meet losses sustained by employees and members of the uniformed serv- ices while serving in a foreign country due to the appreciation of foreign currency in its rela- tion to the American dollar. Allowances and ex- penditures 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 Sec- retary of the Treasury, including interest, aris- ing out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currency of checks and drafts of em- ployees and members of the uniformed services for pay and expenses. (c) Payment under subsection (a) of this sec- tion may not be made to an employee or mem- ber of a uniformed service for a period during which his check or draft was converted into for- eign 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 sec- tion. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 513; Pub. L. 96–54, § 2(a)(37), Aug. 14, 1979, 93 Stat. 383.) 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, § 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 unneces- sary. The words ‘‘Secretary of the Treasury’’ are sub- stituted for ‘‘Treasurer of the United States’’ on au- thority of 1950 Reorg. Plan No. 26 §§ 1, 2, eff. July 31, 1950, 64 Stat. 1280. The words ‘‘Provided, That such ac- tion 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1979—Subsec. (a). Pub. L. 96–54, § 2(a)(37)(A), struck out provision relating to recommendation of the Direc- tor of the Bureau of the Budget to the President. Subsec. (d). Pub. L. 96–54, § 2(a)(37)(B), substituted ‘‘President’’ for ‘‘Director of the Bureau of the Budg- et’’. Statutory Notes and Related Subsidiaries 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.