---
kind: "section"
citation: "5 U.S.C. § 5523"
title: "5"
title_heading: "Government Organization and Employees"
number: "5523"
heading: "Duration of payments; rates; active service period"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5523"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 55 — Pay Administration"
  - "Subchapter III — Advancement, Allotment, and Assignment of Pay"
---

# §5523. Duration of payments; rates; active service period

- (a) The [head of each agency](/usc/5/5521.md?p=3) may provide for—
  - (1) the payment of monetary amounts covering a period of not more than 60 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 the [employee](/usc/5/5521.md?p=2)’s [dependents](/usc/5/8951.md?p=2) or immediate family, as the case may be) is authorized or ordered under [section 5522(a)](/usc/5/5522.md?p=a); and
  - (2) the termination of payment of the monetary amounts.

  The President, with respect to the [Executive agencies](/usc/5/6501.md?p=2), 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](/usc/5/7103.md?p=a-18).

- (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, each payment under this section is at rates of [pay](/usc/5/7511.md?p=a-4), allowances, and differentials, or any of them, currently authorized with respect to the [employee](/usc/5/5521.md?p=2) on the date payment is made under [agency](/usc/5/5521.md?p=1) procedures governing payments under this section. 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. An [employee](/usc/5/5521.md?p=2) in an [Executive agency](/usc/5/6501.md?p=2) 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](/usc/5/8401.md?p=1) of an [employee](/usc/5/5521.md?p=2) is deemed, for all purposes with respect to the [employee](/usc/5/5521.md?p=2), a period of [active service](/usc/5/3501.md?p=a-1), without break in [service](/usc/5/8401.md?p=26), performed by the [employee](/usc/5/5521.md?p=2) in the employment of 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.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96–465, title II, § 2303(c), (d), Oct. 17, 1980, 94 Stat. 2165; Pub. L. 102–138, title I, § 147(a), Oct. 28, 1991, 105 Stat. 669.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>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

1991—Subsec. (a)(1). Pub. L. 102–138 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)—

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

1980—Subsec. (a)(1). Pub. L. 96–465, § 2303(c), in subpar. (A) substituted “whose departure is authorized or ordered under section 5522(a) of this title; 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”.

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

### 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.