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U.S. Code as of:
01/19/04
Section 1006. Advance payments
(a) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service may be paid in advance -
(1) not more than three months' pay of such member upon such
member's change of permanent station; or
(2) the amount of an allotment made from such member's pay to a
dependent if such member is assigned or scheduled for assignment
to sea duty or other duty with a unit or command deployed or to
be deployed outside the United States and the allotment is made
by such member not more than sixty days before the scheduled date
of the assignment of such member to such duty.
(b) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service who is on duty at a distant station
where the pay and emoluments to which he is entitled cannot be
disbursed regularly, may be paid in advance.
(c) Under regulations prescribed by the Secretary concerned, an
advance of pay to a member of a uniformed service who is on duty
outside the United States, or other place designated by the
Secretary of Defense, of not more than two months' basic pay may be
made to a member if the member or the dependents of the member are
ordered evacuated by competent authority. An advance of pay under
this subsection is not subject to the conditions under which
advances of pay may be made under subsection (a) or (b). An advance
may be made on the basis of the evacuation of a member's dependents
only if all dependents of members of the uniformed services are
ordered evacuated from the place where the member's dependents are
located. In the case of a member with dependents, the payment may
be made directly to dependents previously designated by the member.
The Secretary concerned or his designee may waive any right of
recovery of not more than one month's basic pay advanced under this
subsection if he finds that recovery of the advance would be
against equity and good conscience or against the public interest.
(d) If a person to whom an advance of pay is made under
subsection (a), (b), or (c) dies or is separated from his uniformed
service, before liquidation of that advance, the amount remaining
unliquidated at the time of his death or separation shall be
credited to the account of the disbursing officer concerned.
However, the unliquidated amount remains a debt of that person or
his estate to the United States.
(e)(1) As far as practicable, regulations for the administration
of subsections (a)-(d) shall be uniform for all of the uniformed
services.
(2)(A) Notwithstanding any other provision of law, an obligation
for an advance of pay made pursuant to this section shall be
recorded as an obligation only in the fiscal year in which the
entitlement of the member to the pay accrues.
(B) Current appropriations available for advance payments under
this section may be transferred to the prior fiscal year
appropriation available for the same purpose in the amount of any
unliquidated advance payments that remain at the end of such prior
fiscal year. Such unliquidated advance payments shall then be
credited to the current appropriation.
(f) Under regulations prescribed by the Secretary of Homeland
Security, an advance of pay of not more than three months' pay may
be made to an officer of the Coast Guard who is ordered to sea duty
or to or from shore duty beyond the seas. In addition, the
Commandant of the Coast Guard may direct such advances as he
considers necessary and proper to members of the Coast Guard
stationed at distant stations where the pay and emoluments to which
they are entitled cannot be paid regularly.
(g) Under regulations prescribed by the Secretary concerned, the
dislocation allowance authorized by section 407 of this title for a
member of a uniformed service whose dependents are covered by
section 405a(a) of this title may be paid in advance of the
evacuation of the dependents and to the dependents designated by
the member.
(h) Notwithstanding subsections (a) and (b) of section 3324 of
title 31, the Secretary concerned may, when the last day of the pay
period falls on a Saturday, Sunday, or legal holiday, authorize the
payment of pay and allowances to members of uniformed service under
his jurisdiction on the preceding workday but not more than three
days before the last day of that pay period. If a member dies after
he has received an advance payment under this subsection, but
before the last day of the pay period for which the payment is
made, no part of the amount so advance is recoverable by the United
States.
(i) Under regulations prescribed by the Secretary concerned, not
more than one month's pay may be paid in advance to a member of the
Armed Forces Health Professions Scholarship program upon reporting
for a period of active duty required by section 2121(c) of title
10.
(j) Under regulations prescribed by the Secretary concerned, not
more than one month's pay may be paid in advance to a member of the
Senior Reserve Officers' Training Corps who is ordered to field
training or a practice required under section 2109 of title 10.
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