Pub. L. 102-138, tit. I, pt. D, sec. 147

AMENDMENTS TO TITLE 5.

EnactedYear: 1991Length: 701 wordsOfficial source
SEC. 147. AMENDMENTS TO TITLE 5. (a) Duration of Payments; Rates; Active Service Period.—Section 5523(a)(1) of title 5, United States Code, is amended by striking “agency)—” and all that follows thereafter and inserting the following: “agency) whose departure (or that of the employee’s dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and”. (b) Lump-Sum Payment for Accumulated and Accrued Leave on Separation.—(1) Section 5551(a) of title 5, United States Code, is amended by inserting “(excluding any differential under section 5925 and any allowance under section 5928)” after “pay” in the second sentence. (2) The amendment made by paragraph (1) shall apply with respect to service as part of a tour of duty or extension thereof commencing on or after the date of enactment of this Act. (c) General Provisions.—Section 5922 of title 5, United States Code, is amended by adding at the end the following: “(d) When a quarters allowance or allowance related to education under this subchapter, or quarters furnished in Government-owned or controlled buildings under section 5912, would be furnished to an employee but for the death of the employee, such allowances or quarters may be furnished or continued for the purpose of allowing any child of the employee to complete the current school year at post or away from post notwithstanding the employee’s death. “(e) When an allowance related to education away from post under this subchapter would be authorized with respect to an employee but for the evacuation or authorized departure status of the post, such an allowance may be furnished or continued for the purpose of allowing any dependent children of such employee to complete the current school year.”. (d) Quarters Allowance.—Section 5923 of title 5, United States Code, is amended— (1) by striking out “When” and inserting in lieu thereof “(a) When”; (2) in paragraph (1) (in the matter before subparagraph (A))— (A) by striking “lodging” and inserting “subsistence”; and (B) by inserting “(including meals and laundry expenses)” after “quarters”; (3) in paragraph (1)(A), by striking “3 months” and inserting “90 days”; (4) in paragraph (1)(B), by striking “1 month” and inserting “30 days”; and (5) by adding at the end the following: “(b) The 90-day period under subsection (a)(1)(A) and the 30-day period under subsection (a)(1)(B) may each be extended for not more than 60 additional days if the head of the agency concerned or his designee determines that there are compelling reasons beyond the 105 STAT. 670control of the employee for the continued occupancy of temporary quarters.”. (e) Cost-of-Living Allowances.—Section 5924 of title 5, United States Code, is amended— (1) in paragraph (1), by striking “Columbia.” and inserting “Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph.”; (2) in paragraph (2)— (A) in the matter before subparagraph (A), by striking “expenses,” and inserting “subsistence and other relocation expenses (including unavoidable lease penalties),”; (B) in subparagraph (A), by inserting “the Commonwealth of the Northern Mariana Islands,” after “Puerto Rico,”; and (C) in subparagraph (B), by striking “between assignments to posts in foreign areas.” and inserting “after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned.”; and (3) in paragraph (4)— (A) in the matter before subparagraph (A), by striking “dependents,” and inserting “dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas),”; (B) in subparagraph (A), by striking “United States,” and inserting “United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act),”; and (C) in subparagraph (B)— (i) in the first sentence by striking “undergraduate college education” and inserting “postsecondary educational institution education (other than a program of post-baccalaureate education)”; (ii) in the third sentence by striking “undergraduate college education” and inserting “postsecondary educational institution education (other than a program of post-baccalaureate education)”; and (iii) by adding at the end the following: “For the purposes of this subparagraph, the term educational institution’ has the meaning defined under section 1701(a)(6) of title 38.”.
Pub. L. 102-138, tit. I, pt. D, sec. 147: AMENDMENTS TO TITLE 5. | Justis AI