republic-os/legal/us/code/title-05/chapter-59/section-5942.md

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5 U.S.C. § 5942 - Allowance based on duty at remote worksites

Text

(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, § 1(41), Sept. 11, 1967, 81 Stat. 207; Pub. L. 91–656, § 6(a), Jan. 8, 1971, 84 Stat. 1953; Pub. L. 101–510, div. A, title XII, § 1206(g), Nov. 5, 1990, 104 Stat. 1662.)

Notes

Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 70c.Aug. 31, 1964, Pub. L. 88–538, § 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 Section of title 5Source (U.S. Code)Source (Statutes at Large) 59425 App.: 70c.Mar. 31, 1966, Pub. L. 89–383, § 1, 80 Stat. 98.

Editorial Notes

Amendments1990—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.

Statutory Notes and Related Subsidiaries

Effective Date of 1971 AmendmentPub. L. 91–656, § 6(b), Jan. 8, 1971, 84 Stat. 1954, 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].”

Increase in Allowance Based on Duty at Remote WorksitesPub. L. 117–81, div. A, title XI, § 1116, Dec. 27, 2021, 135 Stat. 1955, provided that: “(a) Assessment and Rate.—Not later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress. “(b) Application.—Beginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection (a) of such section 5942, be the rate of such allowance.”

Executive Documents

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.