§5942a — Title 5 Government Organization and Employees | U.S. Code

Summary

An employee of a federal executive agency (not a government-owned corporation) sent to work at Johnston Island can get a separate maintenance allowance, even if section 5536 of this title would say otherwise, under rules the President creates. The agency head must decide it’s necessary to keep the employee’s spouse or dependents at a different location because living at Johnston Island is dangerous or for the government’s convenience, and that extra pay is needed to cover the added costs. The President’s rules must also say how to set the allowance rate.

Title 5, §5942a

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 effect 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 Management by section 8(4) of Ex. Ord. No. 11609, set out as a note under section 301 of Title 3, The President.

§5942a Separate Maintenance Allowance for Duty at Johnston Island