
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5522]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
      SUBCHAPTER III--ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
 
Sec. 5522. Advance payments; rates; amounts recoverable

    (a) The head of each agency may provide for the advance payment of 
the pay, allowances, and differentials, or any of them, covering a 
period of not more than 30 days, to or for the account of each employee 
of the agency (or, under emergency circumstances and on a reimbursable 
basis, an employee of another agency) whose departure (or that of his 
dependents or immediate family, as the case may be) from a place inside 
or outside the United States is officially authorized or ordered--
        (1) from a place outside the United States from which the 
    Secretary of State determines it is in the national interest to 
    require the departure of some or all employees, their dependents, or 
    both; or
        (2) from any place where there is imminent danger to the life of 
    the employee or the lives of the dependents or immediate family of 
    the employee.

    (b) Subject to adjustment of the account of an employee under 
section 5524 of this title and other applicable statute, the advance 
payment of pay, allowances, and differentials is at rates currently 
authorized with respect to the employee on the date the advance payment 
is made under agency procedures governing advance payments under this 
subsection. The rates so authorized may not exceed the rates to which 
the employee was entitled immediately before issuance of the departure 
order.
    (c) An advance of funds under subsection (a) of this section is 
recoverable by the Government of the United States or the government of 
the District of Columbia, as the case may be, from the employee or his 
estate by--
        (1) setoff against accrued pay, amount of retirement credit, or 
    other amount due to the employee from the Government of the United 
    States or the government of the District of Columbia; and
        (2) such other method as is provided by law.

The head of the agency concerned may waive in whole or in part a right 
of recovery of an advance of funds under subsection (a) of this section, 
if it is shown that the recovery would be against equity and good 
conscience or against the public interest.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96-465, title II 
Sec. 2303(a), (b), Oct. 17, 1980, 94 Stat. 2164, 2165.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3072.                Sept. 26, 1961, Pub.
                                                    L. 87-304, Sec.  2,
                                                    75 Stat. 662.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1980--Subsec. (a). Pub. L. 96-465, Sec. 2303(a), substituted 
``departure'' for ``evacuation'', substituted ``is officially authorized 
or ordered'' for ``is ordered for military or other reasons which create 
imminent danger to the life or lives of the employee or of his 
dependents or immediate family'', and added pars. (1) and (2).
    Subsec. (b). Pub. L. 96-465, Sec. 2303(b), substituted ``departure'' 
for ``evacuation'' after ``issuance of the''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in sections 5523, 5524 of this title; 
title 31 section 3721.
