Us Code § 5928 - Danger pay allowance

§ 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 35 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 35 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, §2311(a), Oct. 17, 1980, 94 Stat. 2166; amended Pub. L. 98–164, title I, §131, Nov. 22, 1983, 97 Stat. 1028; Pub. L. 108–199, div. D, title V, §591(b), Jan. 23, 2004, 118 Stat. 207; Pub. L. 109–140, §4(c), Dec. 22, 2005, 119 Stat. 2651.)

Editorial Notes

Amendments

2005—Pub. L. 109–140 substituted "35 percent of the basic pay of the employee" for "25 percent of the basic pay of the employee or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development" in two places.

2004—Pub. L. 108–199 inserted "or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development" after "25 percent of the basic pay of the employee" in two places.

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.

Statutory Notes and Related Subsidiaries

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 or FBI Employee

Pub. L. 101–246, title I, §151, Feb. 16, 1990, 104 Stat. 42, as amended by Pub. L. 107–273, div. C, title I, §11005, Nov. 2, 2002, 116 Stat. 1817; Pub. L. 116–260, div. B, title II, §221, Dec. 27, 2020, 134 Stat. 1266, provided that: "The Secretary of State may not deny a request by the Drug Enforcement Administration, the Federal Bureau of Investigation, or the United States Marshals Service 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, §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."

SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES

Statutory Notes and Related Subsidiaries

Eligibility of Additional Employees for Reimbursement for Professional Liability Insurance

Pub. L. 106–567, title IV, §406, Dec. 27, 2000, 114 Stat. 2849, as amended by Pub. L. 107–108, title IV, §404, Dec. 28, 2001, 115 Stat. 1404, provided that:

"(a) In General.—Notwithstanding any provision of title VI, section 636 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 [Pub. L. 104–208, div. A, title I, §101(f)] (5 U.S.C. prec. 5941 note), the Director of Central Intelligence may—

"(1) designate as qualified employees within the meaning of subsection (b) of that section appropriate categories of employees not otherwise covered by that subsection; and

"(2) use appropriated funds available to the Director to reimburse employees within categories so designated for 100 percent of the costs incurred by such employees for professional liability insurance in accordance with subsection (a) of that section.

"(b) Reports.—The Director of Central Intelligence shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of Intelligence of the House of Representatives a report on each designation of a category of employees under paragraph (1) of subsection (a), including the approximate number of employees covered by such designation and an estimate of the amount to be expended on reimbursement of such employees under paragraph (2) of that subsection."

[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a) and (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]

Pub. L. 106–346, §101(a) [title III, §348], Oct. 23, 2000, 114 Stat. 1356, 1356A–33, provided that: "In addition to the authority provided in section 636 of the Treasury, Postal Service, and General Government Appropriations Act, 1997, as included in Public Law 104–208, title I, section 101(f), as amended [set out as a note below], beginning in fiscal year 2001 and thereafter, amounts appropriated for salaries and expenses for the Department of Transportation may be used to reimburse an employee whose position is that of safety inspector for not to exceed one-half the costs incurred by such employee for professional liability insurance. Any payment under this section shall be contingent upon the submission of such information or documentation as the Department may require."

Reimbursements Relating to Professional Liability Insurance

Pub. L. 104–208, div. A, title I, §101(f) [title VI, §636], Sept. 30, 1996, 110 Stat. 3009–314, 3009–363, as amended by Pub. L. 105–277, div. A, §101(h) [title VI, §644], Oct. 21, 1998, 112 Stat. 2681–480, 2681–526; Pub. L. 106–58, title VI, §642(a), Sept. 29, 1999, 113 Stat. 477; Pub. L. 110–161, div. F, title IV, §429(a), Dec. 26, 2007, 121 Stat. 2151; Pub. L. 116–283, div. C, title XXXI, §3143, Jan. 1, 2021, 134 Stat. 4386, provided that:

"(a) Authority.—Notwithstanding any other provision of law, amounts appropriated by this Act (or any other Act for fiscal year 1997 or any fiscal year thereafter) for salaries and expenses shall be used to reimburse any qualified employee for not to exceed one-half the costs incurred by such employee for professional liability insurance. A payment under this section shall be contingent upon the submission of such information or documentation as the employing agency may require.

"(b) Qualified Employee.—For purposes of this section, the term 'qualified employee' means an agency employee whose position is that of—

"(1) a law enforcement officer;

"(2) a supervisor or management official; or

"(3) a temporary fire line manager.

"(c) Definitions.—For purposes of this section—

"(1) the term 'agency' means an Executive agency, as defined by section 105 of title 5, United States Code, any agency or court in the Judicial Branch, and any agency of the Legislative Branch of Government including any office or committee of the Senate or the House of Representatives;

"(2) the term 'law enforcement officer' means an employee, the duties of whose position are primarily the investigation, apprehension, prosecution, detention, or supervision of individuals suspected or convicted of offenses against the criminal laws of the United States, including any law enforcement officer under section 8331(20) or 8401(17) of such title 5, any special agent under section 203 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4823), or any nuclear materials courier (as defined in section 8331(27) of such title 5);

"(3) the terms 'supervisor' and 'management official' have the respective meanings given them by section 7103(a) of such title 5, and, with regard to the Judicial Branch, mean a justice or judge of the United States as defined in 28 U.S.C. 451 in regular active service or retired from regular active service, other judicial officers as authorized by the Judicial Conference of the United States, and supervisors and managers within the Judicial Branch as authorized by the Judicial Conference of the United States;

"(4) the term 'professional liability insurance' means insurance which provides coverage for—

"(A) legal liability for damages due to injuries to other persons, damage to their property, or other damage or loss to such other persons (including the expenses of litigation and settlement) resulting from or arising out of any tortious act, error, or omission of the covered individual (whether common law, statutory, or constitutional) while in the performance of such individual's official duties as a qualified employee; and

"(B) the cost of legal representation for the covered individual in connection with any administrative or judicial proceeding (including any investigation or disciplinary proceeding) relating to any act, error, or omission of the covered individual while in the performance of such individual's official duties as a qualified employee, and other legal costs and fees relating to any such administrative or judicial proceeding; and

"(5) notwithstanding the definition of the terms 'supervisor' and 'management official' under section 7103(a) of title 5, United States Code, the term 'temporary fire line manager' means an employee of the Forest Service or the Department of the Interior, whose duties include, as determined by the employing agency—

"(A) temporary supervision or management of personnel engaged in wildland or managed fire activities;

"(B) providing analysis or information that affects a decision by a supervisor or manager about a wildland or managed fire; or

"(C) directing the deployment of equipment for a wildland or managed fire.

"(d) Applicability.—The amendments made by this section [this note] shall take effect on the date of the enactment of this Act [Sept. 30, 1996] and shall apply thereafter."

[Pub. L. 110–161, div. F, title IV, §429(b), Dec. 26, 2007, 121 Stat. 2152, provided that: "The amendment made by subsection (a) [amending section 101(f) [title VI, §636] of Pub. L. 104–208, set out above] shall take effect on the date of enactment of this Act [Dec. 26, 2007]."]

[Pub. L. 106–58, title VI, §642(b), Sept. 29, 1999, 113 Stat. 477, provided that: "The amendment made by subsection (a) [amending section 101(f) [title VI, §636] of Pub. L. 104–208, set out above] shall take effect on October 1, 1999, or the date of the enactment of this Act [Sept. 29, 1999], whichever is later."]