PRIA, Government Policy, Made Personal

Summary

An agency can give an employee who is eligible for per diem or mileage an advance payment for travel. The advance should match the kind of trip and how long it will likely last and is paid by the agency’s paying official. If the advance isn’t used for allowed travel expenses, the agency can get the money back from the employee or their estate by taking it from the employee’s pay, retirement credit, or other amounts due; by deducting it from any money the United States owes them; or by any other recovery method allowed by law.

Title 5, §5705

Government Organization and Employees, Source: USLM XML via OLRC

An agency may advance, through the proper disbursing official, to an employee entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or his estate by—

(1)setoff against accrued pay, retirement credit, or other amount due the employee;

(2)deduction from an amount due from the United States; and

(3)such other method as is provided by law.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 838.June 9, 1949, ch. 185, § 5, 63 Stat. 166. 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. Application to section 5703 is based on former section 73b–2, which is carried into section 5703. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1975—Pub. L. 94–22 struck out “or individual” after “employee” wherever appearing.

§5705 Advancements and Deductions