5 U.S.C. § 5925 — Post differentials

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’’. Page 773 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5927 1980—Pub. L. 96–465 designated existing provisions as subsec. (a), inserted ‘‘under this subsection’’ before ‘‘may not exceed’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–199, div. D, title V, § 591(c), Jan. 23, 2004, 118 Stat. 207, which provided that except for employees of the United States Agency for International Develop- ment stationed in Iraq and Afghanistan, the amend- ments made by subsections (a) and (b), amending this section and section 5928 of this title, would not take ef- fect until the same authority was enacted for employ- ees of the Department of State, was repealed by Pub. L. 109–140, § 4(a), Dec. 22, 2005, 119 Stat. 2651. 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. CRITERIA Pub. L. 109–140, § 4(d), Dec. 22, 2005, 119 Stat. 2651, pro- vided that: ‘‘The Secretary of State shall inform the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate of the criteria to be used in determinations of appropriate adjustments in post differentials under section 5925(a) of title 5, United States Code, as amended by sub- section (b), and danger pay allowances under section 5928 of title 5, United States Code, as amended by sub- section (c).’’ EXTENSION OF FOREIGN POST DIFFERENTIALS TO CER- TAIN FEDERAL EMPLOYEES WHO SERVED IN CONNEC- TION WITH OPERATION DESERT STORM Pub. L. 102–190, div. A, title X, § 1093, Dec. 5, 1991, 105 Stat. 1487, provided that: ‘‘(a) WAIVER OF REQUIREMENT THAT EMPLOYEE BE DE- TAILED TO A POST FOR AN ‘EXTENDED’ PERIOD.—An indi- vidual who performed service of a type described in subsection (b) shall, upon appropriate written applica- tion, be granted the total amount to which such indi- vidual would have been entitled for such service under section 5925(a) of title 5, United States Code, dis- regarding 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 re- spect 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 Per- sian 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 pe- riod beginning on August 2, 1990, and ending on June 2, 1991.’’ § 5926. Compensatory time off at certain posts in foreign areas (a) Under regulations prescribed pursuant to this subchapter, and notwithstanding sub- chapter 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 compen- satory 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 sec- tion 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 em- ployee is reassigned to another post shall be for- feited. (Added Pub. L. 95–426, title IV, § 411(a), Oct. 7, 1978, 92 Stat. 980.) § 5927. Advances of pay (a) Up to three months’ pay may be paid in ad- vance— (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 sec- tion 311 of such Act), who— (A) is a citizen of the United States; (B) is officially stationed or located out- side the United States pursuant to Govern- ment 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 de- scribed in subsection (a)(3)) by the Government. (Added Pub. L. 96–465, title II, § 2310(a), Oct. 17, 1980, 94 Stat. 2166; amended Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 337], Nov. 29, 1999, 113 Stat. 1536, 1501A–442; Pub. L. 107–228, div. A, title III, § 320, Sept. 30, 2002, 116 Stat. 1380.)