5 U.S.C. § 5922

General provisions

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(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.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 510; Pub. L. 102–138, title I, § 147(c), Oct. 28, 1991, 105 Stat. 669; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 335], Nov. 29, 1999, 113 Stat. 1536, 1501A–441.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes 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 NotesAmendments

1999—Subsec. (f). Pub. L. 106–113 added subsec. (f).

1991—Subsecs. (d), (e). Pub. L. 102–138 added subsecs. (d) and (e).

Executive DocumentsDelegation 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.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1971–2022 · leading case: Roberts v. United States, 745 F.3d 1158 (Fed. Cir. 2014).

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Roberts v. United States, 745 F.3d 1158 (Fed. Cir. 2014). · cites it 3× “” 5 U.S.C. § 5922 (c) (emphasis added). But here the word “shall” indicates that LQA will be paid only if the regulations require it.”

Califano v. Yamasaki, 442 U.S. 682 (1979). “§ 4108 (c) (civil service training expenses), 5 U. S. C. § 5922 (b) (2) (foreign station allowances); or that the agency *694 head “shall make such provision as he finds appropriate”, 42 U.”

Adolph Kizas v. William H. Webster, Adolph Kizas v. William H. Webster, 707 F.2d 524 (D.C. Cir. 1983). “For examples of such explicit exceptions, see 5 U.S.C. §§ 5922 , 5942, 5947 (1976 & Supp.”

Acevedo v. United States, 121 Fed. Cl. 57 (Fed. Cl. 2015). · cites it 4× “§ 5928 ; Danger Pay; 5 U.S.C. § 5922 . CORRECTED OPINION AND ORDER * Kaplan, Judge.”

Reyes Colon v. United States, 132 Fed. Cl. 655 (Fed. Cl. 2017). · cites it 4× “The combination was construed as money-mandating “because the payment of money [was] required when the [Marine Corps] Commander, acting pursuant to the [Marine Corps Order], determined] that a particular post [was] LQA-eligible or an individual should receive an LQA-continuance…”

Murphy v. United States, 130 Fed. Cl. 554 (Fed. Cl. 2017). · cites it 2× “” (emphasis original)); see also 5 U.S.C. § 5922 (c) (“The allowances and differentials authorized shall be paid under regulations prescribed by the President governing .”

Salvatore Bortone v. United States, 110 Fed. Cl. 668 (Fed. Cl. 2013). “§ 5923 , the statutory provision authorizing LQA, or in 5 U.S.C. § 5922 , the provision granting the President authority to promulgate regulations governing the administration of LQA The word “recruitment” does appear, however, in the “purposes” Section of the Overseas…”

Alberta E. Burns, on Behalf of Herself & All Others Similarly Situated v. United States R.R. Ret. Bd., 701 F.2d 193 (D.C. Cir. 1983). “, 5 U.S.C. § 5922 (b)(2) (foreign station allowances), 5 U.”

Roberts v. United States, 104 Fed. Cl. 598 (Fed. Cl. 2012). “§ 5923 is further governed by the provisions contained in 5 U.S.C. § 5922 , which provides that the employee must be a United States citizen whose salary is set by administrative action.”

Matthew Walter Stephan v. United States, 111 Fed. Cl. 676 (Fed. Cl. 2013). · cites it 3× “” 5 U.S.C. § 5922 (a) (emphasis added). These allowances, however, “shall be paid under regulations prescribed by the President.”

Trifunovich v. United States, 196 Ct. Cl. 301 (Ct. Cl. 1971). “Sections 203, 211, Title II, Act of September 6, 1960, supra,, now codified as 5 U.S.C. §§ 5922 (e), 5923 (Supp. V, 1965-69).”

Thomas v. United States, 122 Fed. Cl. 53 (Fed. Cl. 2015). “The Federal Circuit determined that the MCBJ Order, when combined with the Overseas Differentials and Allowances Act and the DSSR, was money-mandating “because the payment of money is required when the MCBJ Commander, acting pursuant to the Order, determines that a particular…”

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