# § 5928. Danger pay allowance
section 5925(b) of this title
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 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.
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**Source Credit**: (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— 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— 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— 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 , except as otherwise provided, see , set out as a note under , Foreign Relations and Intercourse.
### Danger Pay Allowance; DEA or FBI Employee
> “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
>
> , United States Code) for any employee of such agency.”
, , , as amended by , , ; , , , provided that:
### Greater Utilization of Danger Pay Allowance
> “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
>
> , United States Code, relating to the payment of danger pay allowance, should be more extensively utilized at United States missions abroad.”
, , , provided that: