2018 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart D - Pay and Allowances
Chapter 59 - Allowances
Subchapter III - Overseas Differentials and Allowances
Sec. 5928 - Danger pay allowance
5 U.S.C. § 5928 (2018) |
§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 wartime 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 employee, 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 danger 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 dependents shall not preclude payment of an allowance under this section. In each instance where an allowance under this section is initiated or terminated, 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 justifying 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.) |
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 Development" after "25 percent of the basic pay of the employee" in two places. 1983—Pub. L. 98–164 inserted provision that presence of nonessential personnel or dependents shall not preclude payment of an allowance under this section, and that each instance where an allowance under this section is initiated or terminated, the Secretary of State shall inform the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of action taken and circumstances justifying it. EFFECTIVE DATESection 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 EMPLOYEEPub. 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, provided that: "The Secretary of State may not deny a request by the Drug Enforcement Administration or Federal Bureau of Investigation 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 ALLOWANCEPub. L. 98–533, title III, §304, Oct. 19, 1984, 98 Stat. 2711, provided that: "In recognition of the current epidemic 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." |
United States Code, 2018 Edition, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 59 - ALLOWANCES SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES Sec. 5928 - Danger pay allowance |
section 5928 |
2018 |
January 14, 2019 |
Yes |
standard |
94 Stat. 2166 97 Stat. 1028 98 Stat. 2711 104 Stat. 42 116 Stat. 1817 118 Stat. 207 119 Stat. 2651 |
Public Law 96-465, Public Law 98-164, Public Law 98-533, Public Law 101-246, Public Law 107-273, Public Law 108-199, Public Law 109-140 |