PRIA, Government Policy, Made Personal

Summary

Allows pay extras (allowances and differentials) for employees officially stationed in foreign areas when the employee is a U.S. citizen and their basic pay is set by law or set by the agency without counting these extras (or set to match similar jobs in the continental U.S.). Other laws can allow these extras for non‑U.S. citizens. The President sets rules on who gets payments, how much, which foreign areas and job groups are covered, and other details. Allowances can be paid in advance. If an advance is not later covered by earned allowances, the Government can recover it by reducing pay, retirement credit, or other amounts the employee is owed, or by other legal means. An agency head may waive recovery under Presidential rules if repaying would be unfair or against the public interest. If an employee dies, housing or education allowances may be kept or provided so the employee’s child can finish the current school year. If a post is evacuated, education‑away‑from‑post pay may be continued so dependents can finish the school year. If an employee dies at post, a transfer allowance under section 5924(2)(B) may be paid to the spouse or dependents to return to the United States, but only if they were living at the post or at a place abroad that received a separate maintenance allowance under section 5924(3). The President may issue rules to carry out these parts.

Title 5, §5922

Government Organization and Employees, Source: USLM XML via OLRC

(a)Notwithstanding section 5536 of this title and except as otherwise provided by this subchapter, the allowances and differentials authorized 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 allowances 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 statute 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 recoverable 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 Government.

The head of the agency concerned, under regulations 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 regulations prescribed by the President governing—

(1)payments of the allowances and differentials 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 related to education under this subchapter, or quarters furnished in Government-owned or controlled 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 allowing 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 dependent 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 dependents of such employee (or both) for the purpose 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 residing—

(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 regulations necessary to carry out this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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 surplusage. In subsection (b), 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. 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

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

Regulations

, 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.

§5922 General Provisions