
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: 5USC5925]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
          SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
 
Sec. 5925. Post differentials

    (a) A post differential may be granted on the basis of conditions of 
environment which differ substantially from conditions of environment in 
the continental United States and warrant additional pay as a 
recruitment and retention incentive. A post differential may be granted 
to an employee officially stationed in the United States who is on 
extended detail in a foreign area. A post differential under this 
subsection may not exceed 25 percent of the rate of basic pay.
    (b) Any employee granted a differential under subsection (a) of this 
section may be granted an additional differential for an assignment to a 
post determined to have especially adverse conditions of environment 
which warrant additional pay as a recruitment and retention incentive 
for the filling of positions at that post. An additional differential 
for any employee under this subsection--
        (1) may be paid for each assignment to a post determined to have 
    such conditions;
        (2) may be paid periodically or in a lump sum; and
        (3) may not exceed 15 percent of the rate of basic pay of that 
    employee for the period served under that assignment.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 512; Pub. L. 96-465, title II, 
Sec. 2309, Oct. 17, 1980, 94 Stat. 2165.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3038.                Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    231, 74 Stat. 795.
------------------------------------------------------------------------

    In the last sentence, the words ``Additional compensation paid as'' 
are omitted as surplusage.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1980--Pub. L. 96-465 designated existing provisions as subsec. (a), 
inserted ``under this subsection'' before ``may not exceed'', and added 
subsec. (b).


                    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.


Extension of Foreign Post Differentials to Certain Federal Employees Who 
            Served in Connection With Operation Desert Storm

    Pub. L. 102-190, div. A, title X, Sec. 1093, Dec. 5, 1991, 105 Stat. 
1487, provided that:
    ``(a) Waiver of Requirement That Employee Be Detailed to A Post for 
an `Extended' Period.--An individual who performed service of a type 
described in subsection (b) shall, upon appropriate written application, 
be granted the total amount to which such individual would have been 
entitled for such service under section 5925(a) of title 5, United 
States Code, disregarding any eligibility requirement relating to the 
minimum period of time for which an individual must serve at, or be 
detailed to, a post.
    ``(b) Description of Service Involved.--This section applies with 
respect to any period of service if, or to the extent that--
        ``(1) it was performed as an employee--
            ``(A) in connection with Operation Desert Storm;
            ``(B) during the Persian Gulf conflict;
            ``(C) at a post within the area designated by the President, 
        in Executive Order 12744 [26 U.S.C. 112 note], as a `combat 
        zone' for purposes of section 112 of the Internal Revenue Code 
        of 1986 [26 U.S.C. 112]; and
            ``(D) while a differential under section 5925(a) of title 5, 
        United States Code, was authorized with respect to such post; 
        and
        ``(2) no differential under such section 5925(a) was granted to 
    such employee for such service.
    ``(c) Regulations.--The President may prescribe any regulations 
necessary to carry out this section.
    ``(d) Definitions.--For the purpose of this section--
        ``(1) the term `employee' has the meaning given such term by 
    section 5921(3) of title 5, United States Code;
        ``(2) the term `Operation Desert Storm' has the meaning given 
    such term by section 3(1) of the Persian Gulf Conflict Supplemental 
    Authorization and Personnel Benefits Act of 1991 [Pub. L. 102-25] 
    (10 U.S.C. 101 note); and
        ``(3) the term `Persian Gulf conflict' means the period 
    beginning on August 2, 1990, and ending on June 2, 1991.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5307, 5551, 5928 of this 
title; title 22 sections 1474, 2506, 4057; title 26 section 912; title 
50 section 2081.
