- § 5941. Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska
- § 5942. Allowance based on duty at remote worksites
- § 5942a. Separate maintenance allowance for duty at Johnston Island
- § 5943. Foreign currency appreciation allowances
- [§ 5944. Repealed.
- § 5945. Notary public commission expenses
- § 5946. Membership fees; expenses of attendance at meetings; limitations
- § 5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations
- § 5948. Physicians comparability allowances
- § 5949. Hostile fire pay
§ 5941. Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska
(a) Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on—
(1) living costs substantially higher than in the District of Columbia;
(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or
(3) both of these factors.
The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies. Notwithstanding any preceding provision of this subsection, the cost-of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted under subsection (c).
(b) This section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009.
(c)
(1) The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay period beginning on or after—
(A)January 1, 2010; and
(B) January 1 of each calendar year in which a locality-based comparability adjustment takes effect under paragraphs (2) and (3), respectively, of section 1914 of the Non-Foreign Area Retirement Equity Assurance Act of 2009.
(2)
(A) In this paragraph, the term “applicable locality-based comparability pay percentage” means, with respect to calendar year 2010 and each calendar year thereafter, the applicable percentage under paragraph (1), (2), or (3) of section 1914 of Non-Foreign Area Retirement Equity Assurance Act of 2009.
(B) Each adjusted cost-of-living allowance rate under paragraph (1) shall be computed by—
(i) subtracting 65 percent of the applicable locality-based comparability pay percentage from the cost-of-living allowance percentage rate in effect on December 31, 2009; and
(ii) dividing the resulting percentage determined under clause (i) by the sum of—(I) one; and(II) the applicable locality-based comparability payment percentage expressed as a numeral.
(3) No allowance rate computed under paragraph (2) may be less than zero.
(4) Each allowance rate computed under paragraph (2) shall be paid as a percentage of basic pay (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law).
(d) An employee entitled to a cost-of-living allowance under section 5924 of this title may not be paid an allowance under subsection (a) of this section based on living costs substantially higher than in the District of Columbia.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 512; Pub. L. 111–84, div. A, title XIX, § 1912(b), Oct. 28, 2009, 123 Stat. 2620.)
§ 5942. Allowance based on duty at remote worksites
(a) Notwithstanding section 5536 of this title, an employee of an Executive department or an independent establishment who is assigned to duty, except temporary duty, at a site so remote from the nearest established communities or suitable places of residence as to require an appreciable degree of expense, hardship, and inconvenience, beyond that normally encountered in metropolitan commuting, on the part of the employee in commuting to and from his residence and such worksite, is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. The allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid and defining and designating those sites, areas, and groups of positions to which the rates apply.
(b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 513; Pub. L. 90–83, § 1(41), Sept. 11, 1967, 81 Stat. 207; Pub. L. 91–656, § 6(a), Jan. 8, 1971, 84 Stat. 1953; Pub. L. 101–510, div. A, title XII, § 1206(g), Nov. 5, 1990, 104 Stat. 1662.)
§ 5942a. Separate maintenance allowance for duty at Johnston Island
(a) Notwithstanding section 5536 of this title, and under regulations prescribed by the President, an employee of an Executive agency (other than a Government corporation) who is assigned to a post of duty at Johnston Island, a possession of the United States in the Pacific Ocean, is entitled to receive a separate maintenance allowance if the head of the employing agency finds that—
(1) it is necessary for the employee to maintain the employee’s spouse or dependents, or both, at a location other than Johnston Island—
(A) by reason of dangerous or adverse living conditions at Johnston Island; or
(B) for the convenience of the Federal Government; and
(2) the allowance is needed to help the employee meet the additional expenses involved in maintaining the employee’s spouse or dependents, or both, at such other location rather than at the post.
(b) The regulations prescribed by the President shall include provisions for determining the rate at which an allowance under this section shall be paid.
(Added Pub. L. 102–190, div. A, title X, § 1092(a)(1), Dec. 5, 1991, 105 Stat. 1486.)
§ 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 services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures 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 Secretary of the Treasury, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses.
(c) Payment under subsection (a) of this section may not be made to an employee or member of a uniformed service for a period during which his check or draft was converted into foreign 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 section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 513; Pub. L. 96–54, § 2(a)(37), Aug. 14, 1979, 93 Stat. 383.)
[§ 5944. Repealed. Pub. L. 98–164, title I, § 127(b)(1), Nov. 22, 1983, 97 Stat. 1027]
§ 5945. Notary public commission expenses
An employee as defined by section 2105 of this title or an individual employed by the government 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 concerned, not in excess of the expense required to obtain the commission. Funds available to an agency concerned for personal services or general administrative expenses are available to carry out this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 514.)
§ 5946. Membership fees; expenses of attendance at meetings; limitations
Except as authorized by a specific appropriation, by express terms in a general appropriation, or by sections 4109 and 4110 of this title, appropriated 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 individual employed by the government of the District of Columbia in a society or association; or
(2) expenses of attendance of an individual at meetings or conventions of members of a society or association.
This section does not prevent the use of appropriations for the Department of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the Department.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 514.)
§ 5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations
(a) An employee of the Corps of Engineers, Department of the Army, engaged in floating plant operations may be furnished quarters or subsistence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the employee 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 subsection (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 circumstances beyond the control of the employee 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 allowance 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)
(1) $14,000 per anspan if, at the time the agreement is entered into, the Government physician has served as a Government physician for twenty-four months or less, or
(2) $30,000 per anspan if the Government physician has served as a Government physician for more than twenty-four months.
For the purpose of determining length of service as a Government physician, service as a physician under section 4104 or 4114 1
1 See References in Text note below.
of title 38 or active service as a medical officer in the commissioned corps of the Public Health Service under Title II of the Public Health Service Act (42 U.S.C. ch. 6A) shall be deemed service as a Government physician.(b) An allowance may not be paid pursuant to this section to any physician who—
(1) is employed on less than a half-time or intermittent basis,
(2) occupies an internship or residency training position,
(3) is a reemployed annuitant, or
(4) is fulfilling a scholarship obligation.
(c) The head of an agency, pursuant to such regulations, criteria, and conditions as the President or his designee may prescribe, shall determine categories of positions applicable to physicians in such agency with respect to which there is a significant recruitment and retention problem. Only physicians serving in such positions shall be eligible for an allowance pursuant to this section. The amounts of each such allowance shall be determined by the agency head, subject to such regulations, criteria, and conditions as the President or his designee may prescribe, and shall be the minimum amount necessary to deal with the recruitment and retention problem for each such category of physicians.
(d) Any agreement entered into by a physician under this section shall be for a period of one year of service in the agency involved unless the physician requests an agreement for a longer period of service.
(e) Unless otherwise provided for in the agreement under subsection (f) of this section, an agreement under this section shall provide that the physician, in the event that such physician voluntarily, or because of misconduct, fails to complete at least one year of service pursuant to such agreement, shall be required to refund the total amount received under this section, unless the head of the agency, pursuant to such regulations as may be prescribed under this section by the President or his designee, determines that such failure is necessitated by circumstances beyond the control of the physician.
(f) Any agreement under this section shall specify, subject to such regulations as the President or his designee may prescribe, the terms under which the head of the agency and the physician may elect to terminate such agreement, and the amounts, if any, required to be refunded by the physician for each reason for termination.
(g) For the purpose of this section—
(1) “Government physician” means any individual employed as a physician or dentist who is paid under—
(A)section 5332 of this title, relating to the General Schedule;
(B) Subchapter VIII of chapter 53 of this title, relating to the Senior Executive Service;
(C) section 5371, relating to certain health care positions;
(D) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b), relating to the Tennessee Valley Authority;
(E) chapter 4 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3961 and following), relating to the Foreign Service;
(F) section 10 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j),1 relating to the Central Intelligence Agency;
(G) section 1202 of the Panama Canal Act of 1979, relating to the Panama Canal Commission;
(H)section 2 of the Act of May 29, 1959 (Public Law 86–36, as amended, 50 U.S.C. 402 note),1 relating to the National Security Agency;
(I) section 5376, relating to certain senior-level positions;
(J) section 5377, relating to critical positions; or
(K) subchapter IX of chapter 53, relating to special occupational pay systems; and
(2) “agency” means an Executive agency, as defined in section 105 of this title, the Library of Congress, and the District of Columbia government.
(h)
(1) Any allowance paid under this section shall not be considered as basic pay for the purposes of subchapter VI and section 5595 of chapter 55, chapter 81 or 87 of this title, or other benefits related to basic pay.
(2) Any allowance under this section for a Government physician shall be paid in the same manner and at the same time as the physician’s basic pay is paid.
(i) Any regulations, criteria, or conditions that may be prescribed under this section by the President or his designee shall not be applicable to the Tennessee Valley Authority, and the Tennessee Valley Authority shall have sole responsibility for administering the provisions of this section with respect to Government physicians employed by the Authority.
(j) Not later than June 30 of each year, the President shall submit to each House of Congress a written report on the operation of this section. Each report shall include, with respect to the year covered by such report, information as to—
(1) which agencies entered into agreements under this section;
(2) the nature and extent of the recruitment or retention problems justifying the use of authority by each agency under this section;
(3) the number of physicians with whom agreements were entered into by each agency;
(4) the size of the allowances and the duration of the agreements entered into; and
(5) the degree to which the recruitment or retention problems referred to in paragraph (2) were alleviated under this section.
(Added Pub. L. 95–603, § 2(a), Nov. 6, 1978, 92 Stat. 3018; amended Pub. L. 96–166, § 2, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 97–141, § 2, Dec. 29, 1981, 95 Stat. 1719; Pub. L. 98–168, title I, § 102(a), Nov. 29, 1983, 97 Stat. 1105; Pub. L. 98–615, title II, § 204(a)(3), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 100–140, § 1, Oct. 26, 1987, 101 Stat. 830; Pub. L. 101–420, § 1(a), formerly § 1, Oct. 12, 1990, 104 Stat. 908, renumbered § 1(a), Pub. L. 103–114, § 1(b)(2)(A), Oct. 26, 1993, 107 Stat. 1115; Pub. L. 102–378, § 2(51), Oct. 2, 1992, 106 Stat. 1353; Pub. L. 103–89, § 3(b)(1)(M), Sept. 30, 1993, 107 Stat. 982; Pub. L. 103–114, §§ 1(a)(1), 2(a), Oct. 26, 1993, 107 Stat. 1115, 1116; Pub. L. 105–61, title V, § 517(a), Oct. 10, 1997, 111 Stat. 1307; Pub. L. 105–266, § 7(a), Oct. 19, 1998, 112 Stat. 2369; Pub. L. 106–554, § 1(a)(1) [title II, § 218(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–28; Pub. L. 106–571, §§ 2(a)(1), (b), 3(d), Dec. 28, 2000, 114 Stat. 3054, 3057.)
§ 5949. Hostile fire pay
(a) The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was—
(1) subject to hostile fire or explosion of hostile mines;
(2) on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or
(3) killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action.
(b) An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three additional months during which the employee is so hospitalized.
(c) An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an employee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under section 5925 of this title because of exposure to political violence or payment under section 5928 of this title.
(Added Pub. L. 107–107, div. A, title XI, § 1111(a), Dec. 28, 2001, 115 Stat. 1238.)