5 U.S.C. § 5928 — Danger pay allowance

Page 774 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5928 Editorial Notes 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. AMENDMENTS 2002—Subsec. (a)(3). Pub. L. 107–228, § 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 mem- ber (as the case may be) pursuant to Government au- thorization; and ‘‘(B) requires medical treatment outside the coun- try of employment of such foreign national employee or nonfamily member (as the case may be), in cir- cumstances specified by the President in regula- tions.’’ Subsec. (b). Pub. L. 107–228, § 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.’’ Statutory Notes and Related Subsidiaries 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. § 5928. Danger pay allowance An employee serving in a foreign area may be granted a danger pay allowance on the basis of civil insurrection, civil war, terrorism, or war- time conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed 35 percent of the basic pay of the em- ployee, 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 dan- ger pay allowance granted to the employee with respect to that assignment may not exceed 35 percent of the basic pay of the employee. The presence of nonessential personnel or depend- ents shall not preclude payment of an allowance under this section. In each instance where an al- lowance under this section is initiated or termi- nated, 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 justi- fying it. (Added Pub. L. 96–465, title II, § 2311(a), Oct. 17, 1980, 94 Stat. 2166; amended Pub. L. 98–164, title I, § 131, Nov. 22, 1983, 97 Stat. 1028; Pub. L. 108–199, div. D, title V, § 591(b), Jan. 23, 2004, 118 Stat. 207; Pub. L. 109–140, § 4(c), Dec. 22, 2005, 119 Stat. 2651.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–140 substituted ‘‘35 percent of the basic pay of the employee’’ for ‘‘25 percent of the basic pay of the employee or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development’’ in two places. 2004—Pub. L. 108–199 inserted ‘‘or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Develop- ment’’ after ‘‘25 percent of the basic pay of the em- ployee’’ in two places. 1983—Pub. L. 98–164 inserted provision that presence of nonessential personnel or dependents shall not pre- clude payment of an allowance under this section, and that each instance where an allowance under this sec- tion is initiated or terminated, the Secretary of State shall inform the Speaker of the House of Representa- tives and the Committee on Foreign Relations of the Senate of action taken and circumstances justifying it. Statutory Notes and Related Subsidiaries 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, § 151, Feb. 16, 1990, 104 Stat. 42, as amended by Pub. L. 107–273, div. C, title I, § 11005, Nov. 2, 2002, 116 Stat. 1817; Pub. L. 116–260, div. B, title II, § 221, Dec. 27, 2020, 134 Stat. 1266, provided that: ‘‘The Secretary of State may not deny a request by the Drug Enforcement Administration, the Federal Bureau of In- vestigation, or the United States Marshals Service 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, § 304, Oct. 19, 1984, 98 Stat. 2711, provided that: ‘‘In recognition of the current epi- demic 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.’’ SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES Statutory Notes and Related Subsidiaries ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR REIM- BURSEMENT FOR PROFESSIONAL LIABILITY INSURANCE Pub. L. 106–567, title IV, § 406, Dec. 27, 2000, 114 Stat. 2849, as amended by Pub. L. 107–108, title IV, § 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, § 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 Direc- tor to reimburse employees within categories so des- ignated for 100 percent of the costs incurred by such employees for professional liability insurance in ac- cordance with subsection (a) of that section.