Page:United States Statutes at Large Volume 105 Part 2.djvu/535

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PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1487 "(1) it is necessary for the employee to m£dntain the employ- ee's spouse or dependents, or both, at a location other than Johnston Island— "(A) by reason of dangerous or adverse living conditions at Johnston Island; or "(B) for the convenience of the Federal Government; and "(2) the allowance is needed to help the employee meet the additional expenses involved in maintaining the employee's spouse or dependents, or both, at such other location rather than at the post. "(b) The regulations prescribed by the President shall include provisions for determining the rate at which an allowance under this section shall be paid.". (2) The table of sections for chapter 59 of title 5, United States Code, is amended by inserting after the item relating to section 5942 the following: "5942a. Separate maintenance allowance for duty at Johnston Island.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) 5 USC 5942a shall take effect on the first day of the first month beginning on or "°*®- after the date of the enactment of this Act. SEC. 1093. EXTENSION OF FOREIGN POST DIFFERENTIALS TO CERTAIN 5 USC 5925 note. FEDERAL EMPLOYEES WHO SERVED IN CONNECTION WITH OPERATION DESERT STORM. (a) WAIVER OF REQUIREMENT THAT EMPLOYEE BE DETAILED TO A POST FOR AN "EXTENDED" PERIOD.— An 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 section 5925(a) of title 5, 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.—T his 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) at a post within the area designated by the President, in Executive Order 12744, as a "combat zone" for purposes of section 112 of the Internal Revenue Code of 1986; and (D) while a differential under section 5925(a) of title 5, 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. (d) DEFINITIONS.— For the purpose of this section— (1) the term "employee" has the meaning given such term by section 5921(3) of title 5, United States Code; (2) 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 (10 U.S.C. 101 note); and (3) the term "Persian Gulf conflict" means the period beginning on August 2, 1990, and ending on June 2, 1991.