5 U.S.C. § 5523 — Duration of payments; rates; active serv-

Page 651 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5523 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 em- ployee on the date the advance payment is made under agency procedures governing advance pay- ments under this subsection. The rates so au- thorized 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 Dis- trict of Columbia, as the case may be, from the employee or his 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 of funds under subsection (a) of this sec- tion, 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 § 2303(a), (b), Oct. 17, 1980, 94 Stat. 2164, 2165.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3072. Sept. 26, 1961, Pub. L. 87–304, § 2, 75 Stat. 662. 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 1980—Subsec. (a). Pub. L. 96–465, § 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 imme- diate family’’, and added pars. (1) and (2). Subsec. (b). Pub. L. 96–465, § 2303(b), substituted ‘‘de- parture’’ for ‘‘evacuation’’ after ‘‘issuance of the’’. 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. § 5523. Duration of payments; rates; active serv- ice period (a) The head of each agency may provide for— (1) the payment of monetary amounts cov- ering a period of not more than 60 days to or for the account of each employee of the agen- cy (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose departure (or that of the em- ployee’s dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and (2) the termination of payment of the mone- tary amounts. The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the inter- est of the United States. (b) Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, each payment under this section is at rates of pay, allowances, and differentials, or any of them, currently author- ized with respect to the employee on the date payment is made under agency procedures gov- erning payments under this section. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the departure order. An employee in an Executive agency may be granted such addi- tional allowance payments as the President de- termines necessary to offset the direct added ex- penses incident to the departure. (c) Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active serv- ice, without break in service, performed by the employee in the employment of the Government of the United States or the government of the District of Columbia. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96–465, title II, § 2303(c), (d), Oct. 17, 1980, 94 Stat. 2165; Pub. L. 102–138, title I, § 147(a), Oct. 28, 1991, 105 Stat. 669.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3073. Sept. 26, 1961, Pub. L. 87–304, § 3, 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 1991—Subsec. (a)(1). Pub. L. 102–138 substituted ‘‘agen- cy) whose departure (or that of the employee’s depend- ents or immediate family, as the case may be) is au- thorized or ordered under section 5522(a); and’’ for ‘‘agency)— ‘‘(A) whose departure is authorized or ordered under section 5522(a) of this title; and ‘‘(B) who is prevented, by circumstances beyond his control and beyond the control of the Government of the United States or the government of the District of Columbia, or both, as the case may be, from per- forming the duties of the position which he held im- mediately before issuance of the departure order; and’’. 1980—Subsec. (a)(1). Pub. L. 96–465, § 2303(c), in subpar. (A) substituted ‘‘whose departure is authorized or or- dered under section 5522(a) of this title; and’’ for ‘‘whose evacuation from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life of the em- 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.)