US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 5523

Duration of payments; rates; active service period

(a)
The head of each agency may provide for—
(1)
the payment of monetary amounts covering a period of not more than 60 days to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose departure (or that of the employee’s dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and
(2)
the termination of payment of the monetary amounts.
The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the interest of the United States.
(b)
section 5524 of this title Subject to adjustment of the account of an employee under and other applicable statute, each payment under this section is at rates of pay, allowances, and differentials, or any of them, currently authorized with respect to the employee on the date payment is made under agency procedures governing payments under this section. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the departure order. An employee in an Executive agency may be granted such additional allowance payments as the President determines necessary to offset the direct added expenses incident to the departure.
(c)
Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Government of the United States or the government of the District of Columbia.

Pub. L. 89–55480 Stat. 480Pub. L. 96–465, title II, § 2303(c)94 Stat. 2165Pub. L. 102–138, title I, § 147(a)105 Stat. 669(, , ; , (d), , ; , , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 3073.

Sept. 26, 1961, Pub. L. 87–304, § 3, 75 Stat. 663.

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

Pub. L. 102–1381991—Subsec. (a)(1). substituted “agency) whose departure (or that of the employee’s dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and” for “agency)—

section 5522(a) of this title“(A) whose departure is authorized or ordered under ; and

“(B) who is prevented, by circumstances beyond his control and beyond the control of the Government of the United States or the government of the District of Columbia, or both, as the case may be, from performing the duties of the position which he held immediately before issuance of the departure order; and”.

Pub. L. 96–465, § 2303(c)section 5522(a) of this title1980—Subsec. (a)(1). , in subpar. (A) substituted “whose departure is authorized or ordered under ; and” for “whose evacuation from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life of the employee; and”, and in subpar. (B) substituted “departure” for “evacuation” after “issuance of the”.

Pub. L. 96–465, § 2303(d)Subsec. (b). , substituted “departure” for “evacuation” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–465section 2403 of Pub. L. 96–465section 3901 of Title 22Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Foreign Relations and Intercourse.