---
kind: "section"
citation: "5 U.S.C. § 5942a"
title: "5"
title_heading: "Government Organization and Employees"
number: "5942a"
heading: "Separate maintenance allowance for duty at Johnston Island"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5942a"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 59 — Allowances"
  - "Subchapter IV — Miscellaneous Allowances"
---

# §5942a. Separate maintenance allowance for duty at Johnston Island

- (a) Notwithstanding [section 5536 of this title](/usc/5/5536.md), and under regulations prescribed by the President, an [employee](/usc/5/4701.md?p=a-2) of an [Executive agency](/usc/5/6501.md?p=2) (other than a [Government](/usc/5/4101.md?p=3) corporation) who is assigned to a post of duty at Johnston Island, a possession of the [United States](/usc/5/7103.md?p=a-18) in the Pacific Ocean, is entitled to receive a separate maintenance allowance if the head of the employing [agency](/usc/5/3132.md?p=a-1) finds that—
  - (1) it is necessary for the [employee](/usc/5/4701.md?p=a-2) to maintain the [employee](/usc/5/4701.md?p=a-2)’s spouse or [dependents](/usc/5/8951.md?p=2), 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](/usc/5/4101.md?p=3); and
  - (2) the allowance is needed to help the [employee](/usc/5/4701.md?p=a-2) meet the additional expenses involved in maintaining the [employee](/usc/5/4701.md?p=a-2)’s spouse or [dependents](/usc/5/8951.md?p=2), 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.

## Source credit

(Added Pub. L. 102–190, div. A, title X, § 1092(a)(1), Dec. 5, 1991, 105 Stat. 1486.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 102–190, div. A, title X, § 1092(b), Dec. 5, 1991, 105 Stat. 1487, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 5, 1991].”

### Executive Documents

### Delegation of Functions

Authority of President under this section to prescribe regulations delegated to the Office of Personnel Management by section 8(4) of Ex. Ord. No. 11609, set out as a note under section 301 of Title 3, The President.