5 U.S.C. § 5922 — General provisions

Page 769 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5923 fected by this order, and in effect at the time of the issuance of this order, including any regulations pre- scribed or approved by the President or his delegate with respect to such matters, shall, except as they are inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to appropriate authority. SEC. 302. This order, and the regulations prescribed or approved under the authority thereof, shall be pub- lished in the Federal Register. § 5922. General provisions (a) Notwithstanding section 5536 of this title and except as otherwise provided by this sub- chapter, the allowances and differentials author- ized 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 al- lowances 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 stat- ute 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 recov- erable 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 Gov- ernment. The head of the agency concerned, under regula- tions 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 regula- tions prescribed by the President governing— (1) payments of the allowances and differen- tials 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 re- lated to education under this subchapter, or quarters furnished in Government-owned or con- trolled 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 al- lowing 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 de- pendent 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 de- pendents of such employee (or both) for the pur- pose 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 re- siding— (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 regula- tions necessary to carry out this subsection. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 510; Pub. L. 102–138, title I, § 147(c), Oct. 28, 1991, 105 Stat. 669; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 335], Nov. 29, 1999, 113 Stat. 1536, 1501A–441.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 3033. Sept. 6, 1960, Pub. L. 86–707, § 201, 74 Stat. 793. (b) ............. 5 U.S.C. 3034. Sept. 6, 1960, Pub. L. 86–707, § 202, 74 Stat. 793. (c) ............. 5 U.S.C. 3035. Sept. 6, 1960, Pub. L. 86–707, § 203, 74 Stat. 793. In subsection (a), the word ‘‘only’’ is omitted as sur- plusage. In subsection (b), the words ‘‘disbursing official’’ are substituted for ‘‘disbursing officer’’ because of the defi- nition of ‘‘officer’’ in section 2104 which excludes a member of a uniformed service. 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 1999—Subsec. (f). Pub. L. 106–113 added subsec. (f). 1991—Subsecs. (d), (e). Pub. L. 102–138 added subsecs. (d) and (e). Executive Documents DELEGATION OF FUNCTIONS Secretary of State empowered to prescribe regula- tions, 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. § 5923. Quarters allowances (a) When Government owned or rented quar- ters are not provided without charge for an em-