
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: 5USC5922]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
          SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
 
Sec. 5922. General provisions

    (a) Notwithstanding section 5536 of this title and except as 
otherwise provided by this subchapter, the allowances and differentials 
authorized by this subchapter may be granted to an employee officially 
stationed in a foreign area--
        (1) who is a citizen of the United States; and
        (2) whose rate of basic pay is fixed by statute or, without 
    taking into consideration the allowances and differentials provided 
    by this subchapter, is fixed by administrative action pursuant to 
    law or is fixed administratively in conformity with rates paid by 
    the Government for work of a comparable level of difficulty and 
    responsibility in the continental United States.

To the extent authorized by a provision of statute other than this 
subchapter, the allowances and differentials provided by this subchapter 
may be paid to an employee officially stationed in a foreign area who is 
not a citizen of the United States.
    (b) Allowances granted under this subchapter may be paid in advance, 
or advance of funds may be made therefor, through the proper disbursing 
official in such sums as are considered advisable in consideration of 
the need and the period of time during which expenditures must be made 
in advance by the employee. An advance of funds not subsequently covered 
by allowances accrued to the employee under this subchapter is 
recoverable by the Government by--
        (1) setoff against accrued pay, compensation, amount of 
    retirement credit, or other amount due the employee from the 
    Government; and
        (2) such other method as is provided by law for the recovery of 
    amounts owing to the Government.

The head of the agency concerned, under regulations of the President, 
may waive in whole or in part a right of recovery under this subsection, 
if it is shown that the recovery would be against equity and good 
conscience or against the public interest.
    (c) The allowances and differentials authorized by this subchapter 
shall be paid under regulations prescribed by the President governing--
        (1) payments of the allowances and differentials and the 
    respective rates at which the payments are made;
        (2) the foreign areas, the groups of positions, and the 
    categories of employees to which the rates apply; and
        (3) other related matters.

    (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.
    (f)(1) If an employee dies at post in a foreign area, a transfer 
allowance under section 5924(2)(B) may be granted to the spouse or 
dependents of such employee (or both) for the purpose of providing for 
their return to the United States.
    (2) A transfer allowance under this subsection may not be granted 
with respect to the spouse or a dependent of the employee unless, at the 
time of death, such spouse or dependent was residing--
        (A) at the employee's post of assignment; or
        (B) at a place, outside the United States, for which a separate 
    maintenance allowance was being furnished under section 5924(3).

    (3) The President may prescribe any regulations necessary to carry 
out this subsection.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 510; Pub. L. 102-138, title I, 
Sec. 147(c), Oct. 28, 1991, 105 Stat. 669; Pub. L. 106-113, div. B, 
Sec. 1000(a)(7) [div. A, title III, Sec. 335], Nov. 29, 1999, 113 Stat. 
1536, 1501A-441.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 3033.                Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    201, 74 Stat. 793.
(b)................  5 U.S.C. 3034.                Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    202, 74 Stat. 793.
(c)................  5 U.S.C. 3035.                Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    203, 74 Stat. 793.
------------------------------------------------------------------------

    In subsection (a), the word ``only'' is omitted as surplusage.
    In subsection (b), the words ``disbursing official'' are substituted 
for ``disbursing officer'' because of the definition of ``officer'' in 
section 2104 which excludes a member of a uniformed service.
    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

    1999--Subsec. (f). Pub. L. 106-113 added subsec. (f).
    1991--Subsecs. (d), (e). Pub. L. 102-138 added subsecs. (d) and (e).

                         Delegation of Functions

    Secretary of State empowered to prescribe regulations, see section 
1(b) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a 
note under section 5921 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 1474; title 26 
section 912.
