---
kind: "section"
citation: "5 U.S.C. § 5522"
title: "5"
title_heading: "Government Organization and Employees"
number: "5522"
heading: "Advance payments; rates; amounts recoverable"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5522"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 55 — Pay Administration"
  - "Subchapter III — Advancement, Allotment, and Assignment of Pay"
---

# §5522. Advance payments; rates; amounts recoverable

- (a) The [head of each agency](/usc/5/5521.md?p=3) may provide for the advance payment of the [pay](/usc/5/7511.md?p=a-4), allowances, and differentials, or any of them, covering a period of not more than 30 days, to or for the [account](/usc/5/8401.md?p=1) of each [employee](/usc/5/5521.md?p=2) of the [agency](/usc/5/5521.md?p=1) (or, under emergency circumstances and on a reimbursable basis, an [employee](/usc/5/5521.md?p=2) of another [agency](/usc/5/5521.md?p=1)) whose departure (or that of his [dependents](/usc/5/8951.md?p=2) or immediate family, as the case may be) from a place inside or outside the [United States](/usc/5/7103.md?p=a-18) is officially authorized or ordered—
  - (1) from a place outside the [United States](/usc/5/7103.md?p=a-18) from which the Secretary of State determines it is in the national interest to require the departure of some or all [employees](/usc/5/5521.md?p=2), their [dependents](/usc/5/8951.md?p=2), or both; or
  - (2) from any place where there is imminent danger to the life of the [employee](/usc/5/5521.md?p=2) or the lives of the [dependents](/usc/5/8951.md?p=2) or immediate family of the [employee](/usc/5/5521.md?p=2).
- (b) Subject to adjustment of the [account](/usc/5/8401.md?p=1) of an [employee](/usc/5/5521.md?p=2) under [section 5524 of this title](/usc/5/5524.md) and other applicable statute, the advance payment of [pay](/usc/5/7511.md?p=a-4), allowances, and differentials is at rates currently authorized with respect to the [employee](/usc/5/5521.md?p=2) on the date the advance payment is made under [agency](/usc/5/5521.md?p=1) procedures governing advance payments under this subsection. The rates so authorized may not exceed the rates to which the [employee](/usc/5/5521.md?p=2) was entitled immediately before issuance of the departure order.
- (c) An advance of [funds](/usc/5/8401.md?p=6) under [subsection (a)](#a) of this section is recoverable by the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) or the [government](/usc/5/4101.md?p=3) of the District of Columbia, as the case may be, from the [employee](/usc/5/5521.md?p=2) or his estate by—
  - (1) setoff against accrued [pay](/usc/5/7511.md?p=a-4), amount of retirement credit, or other amount due to the [employee](/usc/5/5521.md?p=2) from the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) or the [government](/usc/5/4101.md?p=3) of the District of Columbia; and
  - (2) such other method as is provided by law.

  The head of the [agency](/usc/5/5521.md?p=1) concerned may waive in whole or in part a right of recovery of an advance of [funds](/usc/5/8401.md?p=6) under [subsection (a)](#a) of this section, if it is shown that the recovery would be against equity and good conscience or against the public interest.


## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>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 definitions 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 immediate family”, and added pars. (1) and (2).

Subsec. (b). Pub. L. 96–465, § 2303(b), substituted “departure” 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.