republic-os/legal/us/code/title-05/chapter-55/section-5524a.md

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LegalText	5 U.S.C. § 5524a	Advance payments for new appointees and employees relocating within the United States and its territories	us	united_states_code	code_section	5	GOVERNMENT ORGANIZATION AND EMPLOYEES	55	PAY ADMINISTRATION	5524a	5 U.S.C. § 5524a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip	/us/usc/t5/s5524a	data/legal/raw/us/code/title-05/usc05.xml	2e7c3cd916aef1d7367ccaa1d414723e76b840a7a80ac6a41906a7070f3d9daf	719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540	6e44ec583136f247979284aa3806fe951dfbe110a848bdb24d5ef4cf908031f5	2026-07-04	official	legal us-code

5 U.S.C. § 5524a - Advance payments for new appointees and employees relocating within the United States and its territories

Text

(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 located—

(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 applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing 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 employee 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 performed 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 Columbia, as the case may be, from the employee or such employee’s estate by—

(1) setoff against accrued pay, amount of retirement 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 advance 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; amended Pub. L. 114–328, div. A, title XI, § 1134(a)–(c)(1), Dec. 23, 2016, 130 Stat. 2459.)

Notes

Editorial Notes

Amendments2016—Pub. L. 114–328, § 1134(c)(1), inserted “and employees relocating within the United States and its territories” after “appointees” in section catchline. Subsec. (a). Pub. L. 114–328, § 1134(a), designated existing 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 assigned” after “appointed”.

Statutory Notes and Related Subsidiaries

Effective DateSection 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.