
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5924]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
          SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
 
Sec. 5924. Cost-of-living allowances

    The following cost-of-living allowances may be granted, when 
applicable, to an employee in a foreign area:
        (1) A post allowance to offset the difference between the cost 
    of living at the post of assignment of the employee in a foreign 
    area and the cost of living in the District of Columbia, except that 
    employees receiving the temporary subsistence allowance under 
    section 5923(1) are ineligible for a post allowance under this 
    paragraph.
        (2) A transfer allowance for extraordinary, necessary, and 
    reasonable subsistence and other relocation expenses (including 
    unavoidable lease penalties), not otherwise compensated for, 
    incurred by an employee incident to establishing himself at a post 
    of assignment in--
            (A) a foreign area (including costs incurred in the United 
        States, its territories or possessions, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        or the areas and installations in the Republic of Panama made 
        available to the United States pursuant to the Panama Canal 
        Treaty of 1977 and related agreements prior to departure for a 
        post of assignment in a foreign area); or
            (B) the United States after the employee agrees in writing 
        to remain in Government service for 12 months after transfer, 
        unless separated for reasons beyond the control of the employee 
        that are acceptable to the agency concerned.

        (3) A separate maintenance allowance to assist an employee who 
    is compelled or authorized, because of dangerous, notably 
    unhealthful, or excessively adverse living conditions at the 
    employee's post of assignment in a foreign area, or for the 
    convenience of the Government, or who requests such an allowance 
    because of special needs or hardship involving the employee or the 
    employee's spouse or dependents, to meet the additional expenses of 
    maintaining, elsewhere than at the post, the employee's spouse or 
    dependents, or both.
        (4) An education allowance or payment of travel costs to assist 
    an employee with the extraordinary and necessary expenses, not 
    otherwise compensated for, incurred because of his service in a 
    foreign area or foreign areas in providing adequate education for 
    his dependents (or, to the extent education away from post is 
    involved, official assignment to service in such area or areas), as 
    follows:
            (A) An allowance not to exceed the cost of obtaining such 
        kindergarten, elementary and secondary educational services as 
        are ordinarily provided without charge by the public schools in 
        the United States (including such educational services as are 
        provided by the States under the Individuals with Disabilities 
        Education Act), plus, in those cases when adequate schools are 
        not available at the post of the employee, board and room, and 
        periodic transportation between that post and the school chosen 
        by the employee, not to exceed the total cost to the Government 
        of the dependent attending an adequate school in the nearest 
        locality where an adequate school is available, without regard 
        to section 3324(a) and (b) of title 31. When travel from school 
        to post is infeasible, travel may be allowed between the school 
        attended and the home of a designated relative or family friend 
        or to join a parent at any location, with the allowable travel 
        expense not to exceed the cost of travel between the school and 
        the post. The amount of the allowance granted shall be 
        determined on the basis of the educational facility used.
            (B) The travel expenses of dependents of an employee to and 
        from a school in the United States (or to and from a school 
        outside the United States if the dependent is attending that 
        school for less than one year under a program approved by the 
        school in the United States at which the dependent is enrolled, 
        with the allowable travel expense not to exceed the cost of 
        travel to and from the school in the United States) to obtain an 
        American secondary or postsecondary educational institution 
        education (other than a program of post-baccalaureate 
        education), not to exceed one annual trip each way for each 
        dependent. An allowance payment under subparagraph (A) of this 
        paragraph (4) may not be made for a dependent during the 12 
        months following his arrival in the United States for secondary 
        education under authority contained in this subparagraph (B). 
        Notwithstanding section 5921(6) of this title, travel expenses, 
        for the purpose of obtaining postsecondary educational 
        institution education (other than a program of post-
        baccalaureate education), may be authorized under this 
        subparagraph (B), under such regulations as the President may 
        prescribe, for dependents of employees who are citizens of the 
        United States stationed in the Canal Zone. For the purposes of 
        this subparagraph, the term ``educational institution'' has the 
        meaning defined under section 1701(a)(6) \1\ of title 38.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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            (C) In those cases in which an adequate school is available 
        at the post of the employee, if the employee chooses to educate 
        the dependent at a school away from post, the education 
        allowance which includes board and room, and periodic travel 
        between the post and the school chosen, shall not exceed the 
        total cost to the Government of the dependent attending an 
        adequate school at the post of the employee.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 511; Pub. L. 92-187, Sec. 2, 
Dec. 15, 1971, 85 Stat. 644; Pub. L. 93-126, Sec. 12, Oct. 18, 1973, 87 
Stat. 454; Pub. L. 93-475, Sec. 13, Oct. 26, 1974, 88 Stat. 1443; Pub. 
L. 94-141, title IV, Sec. 405, Nov. 29, 1975, 89 Stat. 770; Pub. L. 96-
53, title V, Sec. 510, Aug. 14, 1979, 93 Stat. 380; Pub. L. 96-100, 
title V, Sec. 502, Nov. 2, 1979, 93 Stat. 734; Pub. L. 96-132, 
Sec. 4(h), Nov. 30, 1979, 93 Stat. 1045; Pub. L. 96-465, title II, 
Secs. 2307, 2308, Oct. 17, 1980, 94 Stat. 2165; Pub. L. 97-258, 
Sec. 3(a)(15), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 99-251, title III, 
Sec. 303, Feb. 27, 1986, 100 Stat. 26; Pub. L. 101-510, div. A, title 
XII, Sec. 1206(h), Nov. 5, 1990, 104 Stat. 1662; Pub. L. 102-138, title 
I, Sec. 147(e), Oct. 28, 1991, 105 Stat. 670; Pub. L. 103-236, title I, 
Sec. 176, Apr. 30, 1994, 108 Stat. 413; Pub. L. 104-201, div. C, title 
XXXV, Sec. 3548(a)(7), Sept. 23, 1996, 110 Stat. 2869; Pub. L. 106-113, 
div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 336], Nov. 29, 1999, 
113 Stat. 1536, 1501A-442.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3037.                Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    221, 74 Stat. 794.
------------------------------------------------------------------------

    In paragraph (1), the word ``Washington'' is omitted as covered by 
``District of Columbia''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    The Individuals with Disabilities Education Act, referred to in par. 
(4)(A), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, as 
amended, which is classified generally to chapter 33 (Sec. 1400 et seq.) 
of Title 20, Education. For complete classification of this Act to the 
Code, see section 1400 of Title 20 and Tables.
    Section 1701(a)(6) of title 38, referred to in par. (4)(B), was 
renumbered section 3501(a)(6) of title 38 by Pub. L. 102-83, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406.
    For definition of Canal Zone, referred to in par. (4)(B), see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.


                               Amendments

    1999--Par. (4). Pub. L. 106-113 substituted ``between that post and 
the school chosen by the employee, not to exceed the total cost to the 
Government of the dependent attending an adequate school in the nearest 
locality where an adequate school is available,'' for ``between that 
post and the nearest locality where adequate schools are available,'' in 
subpar. (A) and added subpar. (C).
    1996--Par. (3). Pub. L. 104-201 struck out at end ``Notwithstanding 
section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for 
the purposes of this paragraph, the term `foreign area' includes the 
Republic of Panama.''
    1994--Par. (4)(A). Pub. L. 103-236, Sec. 176(a), inserted after 
first sentence ``When travel from school to post is infeasible, travel 
may be allowed between the school attended and the home of a designated 
relative or family friend or to join a parent at any location, with the 
allowable travel expense not to exceed the cost of travel between the 
school and the post.''
    Par. (4)(B). Pub. L. 103-236, Sec. 176(b), inserted ``(or to and 
from a school outside the United States if the dependent is attending 
that school for less than one year under a program approved by the 
school in the United States at which the dependent is enrolled, with the 
allowable travel expense not to exceed the cost of travel to and from 
the school in the United States)'' after ``in the United States''.
    1991--Par. (1). Pub. L. 102-138, Sec. 147(e)(1), substituted 
``Columbia, except that employees receiving the temporary subsistence 
allowance under section 5923(1) are ineligible for a post allowance 
under this paragraph'' for ``Columbia''.
    Par. (2). Pub. L. 102-138, Sec. 147(e)(2), in introductory 
provisions substituted ``subsistence and other relocation expenses 
(including unavoidable lease penalties)'' for ``expenses'', in subpar. 
(A) inserted ``the Commonwealth of the Northern Mariana Islands,'' after 
``Puerto Rico,'' and in subpar. (B) substituted ``after the employee 
agrees in writing to remain in Government service for 12 months after 
transfer, unless separated for reasons beyond the control of the 
employee that are acceptable to the agency concerned'' for ``between 
assignments to posts in foreign areas''.
    Par. (4). Pub. L. 102-138, Sec. 147(e)(3), in introductory 
provisions substituted ``dependents (or, to the extent education away 
from post is involved, official assignment to service in such area or 
areas)'' for ``dependents'', in subpar. (A) substituted ``United States 
(including such educational services as are provided by the States under 
the Individuals with Disabilities Education Act)'' for ``United 
States'', and in subpar. (B) substituted ``postsecondary educational 
institution education (other than a program of post-baccalaureate 
education)'' for ``undergraduate college education'' in two places and 
inserted at end provision defining ``educational institution'' for 
purposes of subpar. (B).
    1990--Par. (3). Pub. L. 101-510 inserted at end ``Notwithstanding 
section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for 
the purposes of this paragraph, the term `foreign area' includes the 
Republic of Panama.''
    1986--Par. (2)(A). Pub. L. 99-251 inserted ``, its territories or 
possessions, the Commonwealth of Puerto Rico, or the areas and 
installations in the Republic of Panama made available to the United 
States pursuant to the Panama Canal Treaty of 1977 and related 
agreements''.
    1982--Par. (4)(A). Pub. L. 97-258 substituted ``section 3324(a) and 
(b)'' for ``section 529''.
    1980--Par. (3). Pub. L. 96-465, Sec. 2307, inserted ``or 
authorized'' after ``compelled'' and ``or who requests such an allowance 
because of special needs or hardship involving the employee or the 
employee's spouse or dependents'' after ``of the Government,''.
    Par. (4)(B). Pub. L. 96-465, Sec. 2308, substituted ``one annual 
trip each way for each dependent'' for ``(i) in the case of dependents 
traveling to obtain secondary education, one annual trip, or in the case 
of dependents traveling to obtain undergraduate college education, two 
annual trips, each way for each dependent of an employee of the 
Department of State, of the International Communication Agency, of the 
Department of Justice, of the Agency for International Development, of 
the Central Intelligence Agency, or of the National Security Agency, or 
(ii) or one trip each way for each dependent of any other employee, for 
the purpose of obtaining each type of education''.
    1979--Par. (4)(B). Pub. L. 96-132 inserted reference to the 
Department of Justice.
    Pub. L. 96-100 inserted provisions relating to applicability to 
dependents of employees of the Central Intelligence Agency and the 
National Security Agency.
    Pub. L. 96-53 substituted ``(i) in the case of dependents traveling 
to obtain secondary education, one annual trip, or in the case of 
dependents traveling to obtain undergraduate college education, two 
annual trips, each way for each dependent of an employee of the 
Department of State, of the International Communication Agency, or of 
the Agency for International Development, or (ii)'' for ``one annual 
trip each way for each dependent of an employee of the Department of 
State or the United States Information Agency, or''.
    1975--Par. (2)(A). Pub. L. 94-141 expanded applicability to include 
costs incurred in the United States prior to departure for a post of 
assignment in a foreign area.
    1974--Par. (4)(B). Pub. L. 93-475 substituted ``one annual trip each 
way for each dependent of an employee of the Department of State or the 
United States Information Agency, or one trip each way for each 
dependent of any other employee,'' for ``one trip each way for each 
dependent''.
    1973--Par. (4)(A). Pub. L. 93-126 inserted ``kindergarten,'' before 
``elementary''.
    1971--Par. (3). Pub. L. 92-187 substituted ``the employee's post'' 
for ``his post'' and ``the employee's spouse or'' for ``his wife or 
his''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 
512(a) of Pub. L. 96-53, set out as a note under section 2151 of Title 
22, Foreign Relations and Intercourse.

                         Delegation of Functions

    Secretary of State empowered to prescribe regulations governing 
travel expenses for dependents of certain employees, see section 1(b) of 
Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under 
section 5921 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5922, 5941 of this title; 
title 10 section 1605; title 20 section 906; title 22 sections 1474, 
2506, 4081; title 26 section 912; title 37 section 431.
