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5 U.S.C. § 5522 — Advance payments; rates; amounts recoverable

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5524&num=0&edition=prelim) 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

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Stable record: federal_law:legal_authorities:record_usc_86dd1b1e1113a4f6a70375eb
Source file: Laws/federal/codes/united-states-code/title-5/section-5522-advance-payments-rates-amounts-recoverable--ff8517d941.md
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Source location: Title 5, Chapter 55, § 5522; chapter-055-pay-administration.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5524&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5524 — Review of accounts

The head of each agency shall provide for— (1) the review of the account of each employee of the agency in receipt of payments under section 5522 or 5523 of this title, or both, as the case may be; and (2) the adjustment of the amounts of the payments on the basis of— (A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he had performed active service under the terms of his appointment during each period in the position he held immediately before the issuance of the applicable evacuation order; and (B) such additional amounts as the employee is authorized to receive in accordance with a determination of the President under [section 5523(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5523/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5527 — Regulations

**(a)** To the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Executive agencies under this subchapter. **(b)** The President, with respect to the Executive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Columbia Council, with respect to the government of the District of Columbia, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter. **(c)** The head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this section, necessary and appropriate to carry out his functions under this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5527

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5522 — Advance payments; rates; amounts recov-

Page 650 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5521 with Federal consumer protection laws with respect to the collection of debt.’’ PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT OF LEGAL PROCESS FOR GARNISHMENT OF FEDERAL PAY FOR CHILD SUPPORT AND ALIMONY Pub. L. 105–261, div. A, title X, § 1061, Oct. 17, 1998, 112 Stat. 2128, authorized the Secretary of Defense to con- duct a pilot program on alternative notice procedures for withholding or garnishment of pay for the payment of child support and alimony under section 659 of Title 42, The Public Health and Welfare, required the Sec- retary to submit to Congress, not later than Jan. 1, 2001, a report describing the experience of the Depart- ment of Defense under the authority provided for the program, and provided for termination of pilot program on Sept. 30, 2001. Executive Documents EX. ORD. NO. 12897. GARNISHMENT OF FEDERAL EMPLOYEES’ PAY Ex. Ord. No. 12897, Feb. 3, 1994, 59 F.R. 5517, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5520a(j)(1)(A) of title 5, United States Code, as added by section 9 of Public Law 103–94, it is hereby ordered as follows: SECTION 1. The Office of Personnel Management, in consultation with the Attorney General, is designated to promulgate regulations for the implementation of section 5520a of title 5, United States Code, with re- spect to civilian employees and agencies in the execu- tive branch, except as provided in section 2 of this order. SEC. 2. The Postmaster General is designated to pro- mulgate regulations for the implementation of section 5520a of title 5, United States Code, with respect to em- ployees of the United States Postal Service. WILLIAM J. CL

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5522

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