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 35 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.
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.
Editorial Notes
Amendments
Pub. L. 109–1402005—Subsec. (a). struck out “25 percent of the rate of basic pay or, in the case of an employee of the United States Agency for International Development,” after “may not exceed” in last sentence.
Pub. L. 108–1992004—Subsec. (a). inserted “or, in the case of an employee of the United States Agency for International Development, 35 percent of the rate of basic pay” after “25 percent of the rate of basic pay”.
Pub. L. 96–4651980— designated existing provisions as subsec. (a), inserted “under this subsection” before “may not exceed”, and added subsec. (b).
section 5925(a) of title 5section 5928 of title 5“The Secretary of State shall inform the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate of the criteria to be used in determinations of appropriate adjustments in post differentials under , United States Code, as amended by subsection (b), and danger pay allowances under , United States Code, as amended by subsection (c).”
, , , provided that:
Extension of Foreign Post Differentials to Certain Federal Employees Who Served in Connection With Operation Desert Storm
Waiver of Requirement That Employee Be Detailed to A Post for an ‘Extended’ Period .—
section 5925(a) of title 5An 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 , 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)
26 U.S.C. 11226 U.S.C. 112 at a post within the area designated by the President, in Executive Order 12744 [ note], as a ‘combat zone’ for purposes of section 112 of the Internal Revenue Code of 1986 []; and
“(D)
section 5925(a) of title 5 while a differential under , 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.
Pub. L. 102–2510 U.S.C. 101 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 [] ( note); and
“(3)
the term ‘Persian Gulf conflict’ means the period beginning on , and ending on .”