
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: 5USC5928]

 
             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

    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 25 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 25 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, Sec. 2311(a), Oct. 17, 1980, 94 Stat. 
2166; amended Pub. L. 98-164, title I, Sec. 131, Nov. 22, 1983, 97 Stat. 
1028.)


                               Amendments

    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 Date

    Section 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 Employee

    Pub. L. 101-246, title I, Sec. 151, Feb. 16, 1990, 104 Stat. 42, 
provided that: ``The Secretary of State may not deny a request by the 
Drug Enforcement Administration 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 Allowance

    Pub. L. 98-533, title III, Sec. 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.''

                  Section Referred to in Other Sections

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