
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: 5USC5942]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
                 SUBCHAPTER IV--MISCELLANEOUS ALLOWANCES
 
Sec. 5942. Allowance based on duty at remote worksites

    (a) Notwithstanding section 5536 of this title, an employee of an 
Executive department or an independent establishment who is assigned to 
duty, except temporary duty, at a site so remote from the nearest 
established communities or suitable places of residence as to require an 
appreciable degree of expense, hardship, and inconvenience, beyond that 
normally encountered in metropolitan commuting, on the part of the 
employee in commuting to and from his residence and such worksite, is 
entitled, in addition to pay otherwise due him, to an allowance of not 
to exceed $10 a day. The allowance shall be paid under regulations 
prescribed by the President establishing the rates at which the 
allowance will be paid and defining and designating those sites, areas, 
and groups of positions to which the rates apply.
    (b) Under procedures prescribed by the President, the maximum 
allowance specified in subsection (a) may be adjusted from time to time 
in the interest of recruiting and retaining employees for performance of 
duty at remote worksites.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 513; Pub. L. 90-83, Sec. 1(41), 
Sept. 11, 1967, 81 Stat. 207; Pub. L. 91-656, Sec. 6(a), Jan. 8, 1971, 
84 Stat. 1953; Pub. L. 101-510, div. A, title XII, Sec. 1206(g), Nov. 5, 
1990, 104 Stat. 1662.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 70c.                 Aug. 31, 1964, Pub.
                                                    L. 88-538, Sec.  1,
                                                    78 Stat. 745.
------------------------------------------------------------------------

    The words ``of the United States'' are omitted as unnecessary 
because of the definition of ``employee'' in section 2105.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5942...............  5 App.: 70c.                  Mar. 31, 1966, Pub.
                                                    L. 89-383, Sec.  1,
                                                    80 Stat. 98.
------------------------------------------------------------------------

                               Amendments

    1990--Pub. L. 101-510 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1971--Pub. L. 91-656 substituted ``duty at remote worksites'' for 
``duty on California offshore islands or at Nevada Test Site'' in 
section catchline and assignment to duty ``at a site so remote from the 
nearest established communities or suitable places of residence as to 
require an appreciable degree of expense, hardship, and inconvenience, 
beyond that normally encountered in metropolitan commuting, on the part 
of the employee in commuting to and from his residence and such 
worksite'' for assignment to duty ``on one of the California offshore 
islands or at the United States Atomic Energy Commission Nevada Test 
Site, including the Nuclear Rocket Development Station'', inserted 
reference to employee ``of an Executive department or an independent 
establishment'' and provision for designation by regulation of sites to 
which the rates apply.


                    Effective Date of 1971 Amendment

    Section 6(b) of Pub. L. 91-656 provided that: ``Notwithstanding 
section 5536 of title 5, United States Code, and the amendment made by 
subsection (a) of this section [amending this section], and until the 
effective date of regulations prescribed by the President under such 
amendment--
        ``(1) allowances may be paid to employees under section 5942 of 
    title 5, United States Code, and the regulations prescribed by the 
    President under such section, as in effect immediately prior to the 
    effective date of this section [Jan. 8, 1971]; and
        ``(2) such regulations may be amended or revoked in accordance 
    with such section 5942 as in effect immediately prior to the 
    effective date of this section [Jan. 8, 1971].''

                         Delegation of Functions

    Authority of President under this section to prescribe regulations 
establishing rates at which an allowance based on duty (except temporary 
duty) at remote worksites will be paid and defining and designating 
sites, areas, and groups of positions to which rates apply delegated to 
Office of Personnel Management, see section 8(3) of Ex. Ord. No. 11609, 
July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of 
Title 3, The President.
