5 U.S.C. § 5943 — Foreign currency appreciation allowances

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. Page 781 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5948 Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (a) of this sec- tion to make recommendations concerning meeting of losses sustained by employees and members of uni- formed services while serving in a foreign country due to appreciation of foreign currency in its relation to American dollar and under subsec. (d) of this section to report annually to Congress on expenditures made under subsec. (d) of this section, delegated to Secretary of the Treasury, see section 2 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. [§ 5944. Repealed. Pub. L. 98–164, title I, § 127(b)(1), Nov. 22, 1983, 97 Stat. 1027] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 513, au- thorized head of Executive department or military de- partment which maintained a permanent staff of em- ployees in foreign countries to pay burial expenses and expenses in connection with last illness and death of a native employee of his department in a country in which Secretary of State determined it was customary for employers to pay these expenses, and in foreign countries in which custom did not exist, on finding that immediate family of deceased was destitute, he could pay such of expenses as employee in charge of the office abroad in which deceased was employed consid- ered proper. See section 3968(a)(1) of Title 22, Foreign Relations and Intercourse. § 5945. Notary public commission expenses An employee as defined by section 2105 of this title or an individual employed by the govern- ment of the District of Columbia who is required to serve as a notary public in connection with the performance of official business is entitled to an allowance, established by the agency con- cerned, not in excess of the expense required to obtain the commission. Funds available to an agency concerned for personal services or gen- eral administrative expenses are available to carry out this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 514.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 70a. July 11, 1956, ch. 554, § 1, 70 Stat. 519. .................. 5 U.S.C. 70b. July 11, 1956, ch. 554, § 2, 70 Stat. 520. In the first sentence, the words ‘‘to be incurred by them in order’’ are omitted as surplusage. The words ‘‘from and after January 1, 1955’’ are omitted as obso- lete. 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. § 5946. Membership fees; expenses of attendance at meetings; limitations Except as authorized by a specific appropria- tion, by express terms in a general appropria- tion, or by sections 4109 and 4110 of this title, ap- propriated funds may not be used for payment of— (1) membership fees or dues of an employee as defined by section 2105 of this title or an in- dividual employed by the government of the District of Columbia in a society or associa- tion; or (2) expenses of attendance of an individual at meetings or conventions of members of a soci- ety or association. This section does not prevent the use of appro- priations for the Department of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of infor- mation at meetings by its employees on subjects relating to the authorized work of the Depart- ment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 514.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 83. June 26, 1912, ch. 182, § 8, 37 Stat. 184. Mar. 4, 1913, ch. 145 (3d full par. on p. 854), 37 Stat. 854. The words ‘‘or by sections 4109 and 4110 of this title’’ are added on authority of former sections 2309 and 2318(b), which are carried into sections 4109 and 4110, re- spectively. In the last sentence, the words ‘‘This section does not’’ are substituted for ‘‘That nothing contained in the Act making appropriations to provide for the ex- penses of the Government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hun- dred and thirteen, and for other purposes, approved June twenty-sixth, nineteen hundred and twelve, shall be so construed as to’’ appearing in the Act of Mar. 4, 1913, 37 Stat. 854. 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. § 5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Depart- ment of the Army, engaged in floating plant operations (a) An employee of the Corps of Engineers, De- partment of the Army, engaged in floating plant operations may be furnished quarters or subsist- ence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the em- ployee concerned, and necessary in the public interest, in connection with such operations. (b) Notwithstanding section 5536 of this title, an employee entitled to the benefits of sub- section (a) of this section while on a vessel, may be paid, in place of these benefits, an allowance for quarters or subsistence, or both, when— (1) adverse weather conditions or similar cir- cumstances beyond the control of the em- ployee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or (2) quarters or subsistence, or both, are not available on the vessel while it is undergoing repairs. (c) The quarters or subsistence, or both, or al- lowance in place thereof, may be furnished or paid only under regulations prescribed by the Secretary of the Army. (Added Pub. L. 91–656, § 7(a), Jan. 8, 1971, 84 Stat. 1954.) § 5948. Physicians comparability allowances (a) Notwithstanding any other provision of law, and in order to recruit and retain highly