5 U.S.C. § 5525 — Allotment and assignment of pay

Page 652 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5524 ployee; and’’, and in subpar. (B) substituted ‘‘depar- ture’’ for ‘‘evacuation’’ after ‘‘issuance of the’’. Subsec. (b). Pub. L. 96–465, § 2303(d), substituted ‘‘de- parture’’ for ‘‘evacuation’’ in two places. Statutory Notes and Related Subsidiaries 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. § 5524. Review of accounts The head of each agency shall provide for— (1) the review of the account of each em- ployee 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 dif- ferentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective peri- ods covered by the payments, if he had per- formed active service under the terms of his appointment during each period in the posi- tion he held immediately before the issuance of the applicable evacuation order; and (B) such additional amounts as the em- ployee is authorized to receive in accordance with a determination of the President under section 5523(b) of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3074. Sept. 26, 1961, Pub. L. 87–304, § 4, 75 Stat. 663. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5524a. Advance payments for new appointees and employees relocating within the United States and its territories (a)(1) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. (2) The head of each agency may provide for the advance payment of basic pay, covering not more than 4 pay periods, to an employee who is assigned to a position in the agency that is lo- cated— (A) outside of the employee’s commuting area; and (B) in the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States. (b)(1) Subject to adjustment of the account of an employee under paragraph (2) and other ap- plicable statutes, the advance payment of basic pay shall be made, under agency procedures gov- erning advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed or assigned. (2) The head of each agency shall provide for— (A) the review of the account of each em- ployee of the agency in receipt of any payment under this section; and (B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had per- formed active service under the terms of such employee’s appointment or assignment during each period in the position to which appointed or assigned. (c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Co- lumbia, as the case may be, from the employee or such employee’s estate by— (1) setoff against accrued pay, amount of re- tirement 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 ad- vance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest. (Added Pub. L. 101–509, title V, § 529 [title I, § 107(a)], Nov. 5, 1990, 104 Stat. 1427, 1449; amend- ed Pub. L. 114–328, div. A, title XI, § 1134(a)–(c)(1), Dec. 23, 2016, 130 Stat. 2459.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328, § 1134(c)(1), inserted ‘‘and em- ployees relocating within the United States and its ter- ritories’’ after ‘‘appointees’’ in section catchline. Subsec. (a). Pub. L. 114–328, § 1134(a), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (b)(1). Pub. L. 114–328, § 1134(b)(1), inserted ‘‘or assigned’’ after ‘‘appointed’’. Subsec. (b)(2)(B). Pub. L. 114–328, § 1134(b)(2), inserted ‘‘or assignment’’ after ‘‘appointment’’ and ‘‘or as- signed’’ after ‘‘appointed’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title. § 5525. Allotment and assignment of pay The head of each agency may establish proce- dures under which each employee of the agency is permitted to make allotments and assign- ments of amounts out of his pay for such pur- pose as the head of the agency considers appro- priate. For purposes of this section, the term ‘‘agency’’ includes the Office of the Architect of the Capitol. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 107–68, title I, § 133(b)(1), Nov. 12, 2001, 115 Stat. 582.) Page 653 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5527 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3075. Sept. 26, 1961, Pub. L. 87–304, § 5, 75 Stat. 663. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2001—Pub. L. 107–68 inserted at end ‘‘For purposes of this section, the term ‘agency’ includes the Office of the Architect of the Capitol.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–68, title I, § 133(b)(2), Nov. 12, 2001, 115 Stat. 582, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Nov. 12, 2001].’’ § 5526. Funds available on reimbursable basis Funds available to an agency for payment of pay, allowances, and differentials to or for the accounts of employees of the agency are avail- able on a reimbursable basis for payment of pay, allowances, and differentials to or for the ac- counts of employees of another agency under this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3078. Sept. 26, 1961, Pub. L. 87–304, § 8, 75 Stat. 664. The word ‘‘civilian’’ is omitted as unnecessary in view of the definition of ‘‘employee’’ in section 5521(2), and the fact that military personnel are not ‘‘em- ployed’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5527. Regulations (a) To the extent practicable in the public in- terest, the President shall coordinate the poli- cies and procedures of the respective Executive agencies under this subchapter. (b) The President, with respect to the Execu- tive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Colum- bia 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 appro- priate 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 90–623, § 1(11), Oct. 22, 1968, 82 Stat. 1312.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3076. Sept. 26, 1961, Pub. L. 87–304, § 6, 75 Stat. 664. In subsection (b), the last sentence of former section 3076, which provided for the issuance of the regulations not later than December 25, 1961, and the effective date of the regulations as not later than March 25, 1962, is omitted as executed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1968—Subsec. (b). Pub. L. 90–623 inserted reference to the District of Columbia Council, with respect to the government of the District of Columbia. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. TRANSFER OF FUNCTIONS District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Colum- bia, as provided by section 401 of Pub. L. 93–198. Executive Documents EX. ORD. NO. 10982. ADMINISTRATION OF PROVISIONS OF CHAPTER Ex. Ord. No. 10982, Dec. 25, 1961, 27 F.R. 3, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, provided: By virtue of the authority vested in me by the act of September 26, 1961 (75 Stat. 662) [this subchapter] and by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as fol- lows: SECTION 1. As used in this order: (a) The term ‘‘the act’’ means the act of September 26, 1961 (Public Law 87–304), 75 Stat. 662 [now this sub- chapter]. (b) The term ‘‘Federal agency’’ means any executive department of the Government of the United States of America, any agency or independent establishment in the executive branch of the Government, and any cor- poration wholly owned or controlled by the Govern- ment. (c) The term ‘‘foreign area’’ means any area (includ- ing the Trust Territory of the Pacific Islands) situated outside (1) the United States (including the District of Columbia), (2) the Commonwealth of Puerto Rico, (3) the Canal Zone, and (4) any territory or possession of the United States. SEC. 2. (a) Except as otherwise provided by section 2(b) and section 3(c) of this order, the Secretary of State in respect of civilian employees of Federal agen- cies who are located in foreign areas immediately prior to an emergency evacuation, and the Office of Per- sonnel Management in respect of all other civilian em- ployees of Federal agencies, are hereby designated and empowered, without the approval, ratification, or other action of the President, to perform the functions con-