---
kind: "range"
citation: "5 U.S.C. §§ 5923–5925"
title: "5"
from: "5923"
to: "5925"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/5/5923..5925"
---

# §5923. Quarters allowances

- (a) When [Government](/usc/5/5921.md?p=1) owned or rented quarters are not provided without charge for an [employee](/usc/5/5921.md?p=3) in a [foreign area](/usc/5/5921.md?p=6), one or more of the following quarters allowances may be granted when applicable:
  - (1) A temporary subsistence allowance for the reasonable cost of temporary quarters (including meals and laundry expenses) incurred by the [employee](/usc/5/5921.md?p=3) and his family—
    - (A) for a period not in excess of 90 days after first arrival at a new post of assignment in a [foreign area](/usc/5/5921.md?p=6) or a period ending with the occupation of residence quarters, whichever is shorter; and
    - (B) for a period of not more than 30 days immediately before final departure from the post after the necessary evacuation of residence quarters.
  - (2) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to section [3324(a)](/usc/31/3324.md?p=a) and [(b)](/usc/31/3324.md?p=b) of title 31.
  - (3) Under unusual circumstances, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence of an [employee](/usc/5/5921.md?p=3) at a post of assignment in a [foreign area](/usc/5/5921.md?p=6), if—
    - (A) the expenses are administratively approved in advance; and
    - (B) the duration and terms of the lease justify payment of the expenses by the [Government](/usc/5/5921.md?p=1).
- (b) The 90-day period under [subsection (a)(1)(A)](#a-1-A) and the 30-day period under [subsection (a)(1)(B)](#a-1-B) may each be extended for not more than 60 additional days if the head of the [agency](/usc/5/5921.md?p=2) concerned or his designee determines that there are compelling reasons beyond the control of the [employee](/usc/5/5921.md?p=3) for the continued occupancy of temporary quarters.

# §5924. Cost-of-living allowances


The following cost-of-living allowances may be granted, when applicable, to an [employee](/usc/5/5921.md?p=3) in a [foreign area](/usc/5/5921.md?p=6):

- (1) A post allowance to offset the difference between the cost of living at the post of assignment of the [employee](/usc/5/5921.md?p=3) in a [foreign area](/usc/5/5921.md?p=6) and the cost of living in the District of Columbia, except that [employees](/usc/5/5921.md?p=3) receiving the temporary subsistence allowance under [section 5923(1)](/usc/5/5923.md) are ineligible for a post allowance under this paragraph.
- (2) A transfer allowance for extraordinary, necessary, and reasonable subsistence and other relocation expenses (including unavoidable lease penalties), not otherwise compensated for, incurred by an [employee](/usc/5/5921.md?p=3) incident to establishing himself at a post of assignment in—
  - (A) a [foreign area](/usc/5/5921.md?p=6) (including costs incurred in the United States, its territories or possessions, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements prior to departure for a post of assignment in a [foreign area](/usc/5/5921.md?p=6)); or
  - (B) the United States after the [employee](/usc/5/5921.md?p=3) agrees in writing to remain in [Government](/usc/5/5921.md?p=1) [service](/usc/5/8331.md?p=12) for 12 months after transfer, unless separated for reasons beyond the control of the [employee](/usc/5/5921.md?p=3) that are acceptable to the [agency](/usc/5/5921.md?p=2) concerned.
- (3) A separate maintenance allowance to assist an [employee](/usc/5/5921.md?p=3) who is compelled or authorized, because of dangerous, notably unhealthful, or excessively adverse living conditions at the [employee](/usc/5/5921.md?p=3)’s post of assignment in a [foreign area](/usc/5/5921.md?p=6), or for the convenience of the [Government](/usc/5/5921.md?p=1), or who requests such an allowance because of special needs or hardship involving the [employee](/usc/5/5921.md?p=3) or the [employee](/usc/5/5921.md?p=3)’s spouse or dependents, to meet the additional expenses of maintaining, elsewhere than at the post, the [employee](/usc/5/5921.md?p=3)’s spouse or dependents, or both.
- (4) An education allowance or payment of travel costs to assist an [employee](/usc/5/5921.md?p=3) with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his [service](/usc/5/8331.md?p=12) in a [foreign area](/usc/5/5921.md?p=6) or [foreign areas](/usc/5/5921.md?p=6) in providing adequate education for his dependents (or, to the extent education away from post is involved, official assignment to [service](/usc/5/8331.md?p=12) in such area or areas), as follows:
  - (A) An allowance not to exceed the cost of obtaining such kindergarten, elementary and secondary educational [services](/usc/5/8331.md?p=12) as are ordinarily provided without charge by the public schools in the United States (including such educational [services](/usc/5/8331.md?p=12) as are provided by the States under the Individuals with Disabilities Education Act), plus, in those cases when adequate schools are not available at the post of the [employee](/usc/5/5921.md?p=3), [board](/usc/5/8401.md?p=5) and room, and periodic transportation between that post and the school chosen by the [employee](/usc/5/5921.md?p=3), not to exceed the total cost to the [Government](/usc/5/5921.md?p=1) of the dependent attending an adequate school in the nearest United States locality where an adequate school is available, without regard to section [3324(a)](/usc/31/3324.md?p=a) and [(b)](/usc/31/3324.md?p=b) of title 31. When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post. The amount of the allowance granted shall be determined on the basis of the educational facility used.
  - (B) The travel expenses of dependents of an [employee](/usc/5/5921.md?p=3) to and from a secondary or post-secondary educational institution, not to exceed one annual trip each way for each dependent, except that an allowance payment under [subparagraph (A)](#4-A) may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under [authority](/usc/5/7103.md?p=a-6) contained in this subparagraph.
  - (C) In those cases in which an adequate school is available at the post of the [employee](/usc/5/5921.md?p=3), if the [employee](/usc/5/5921.md?p=3) chooses to educate the dependent at a school away from post, the education allowance which includes [board](/usc/5/8401.md?p=5) and room, and periodic travel between the post and the school chosen, shall not exceed the total cost to the [Government](/usc/5/5921.md?p=1) of the dependent attending an adequate school at the post of the [employee](/usc/5/5921.md?p=3).
  - (D) Allowances provided pursuant to subparagraphs [(A)](#4-A) and [(B)](#4-B) may include, at the election of the [employee](/usc/5/5921.md?p=3), payment or reimbursement of the costs incurred to store baggage for the [employee](/usc/5/5921.md?p=3)’s dependent at or in the vicinity of the dependent’s school during one trip per year by the dependent between the school and the [employee](/usc/5/5921.md?p=3)’s duty station, except that such payment or reimbursement may not exceed the cost that the [Government](/usc/5/5921.md?p=1) would incur to transport the baggage in connection with the trip, and such payment or reimbursement shall be in lieu of transportation of the baggage.

# §5925. Post differentials

- (a) A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the [continental United States](/usc/5/5921.md?p=5) and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an [employee](/usc/5/5921.md?p=3) officially stationed in the United States who is on extended detail in a [foreign area](/usc/5/5921.md?p=6). A post differential under this subsection may not exceed 35 percent of the rate of basic pay.
- (b) Any [employee](/usc/5/5921.md?p=3) granted a differential under [subsection (a)](#a) of this section may be granted an additional differential for an assignment to a post determined to have especially adverse conditions of environment which warrant additional pay as a recruitment and retention incentive for the filling of [positions](/usc/5/5531.md?p=2) at that post. An additional differential for any [employee](/usc/5/5921.md?p=3) under this subsection—
  - (1) may be paid for each assignment to a post determined to have such conditions;
  - (2) may be paid periodically or in a lump sum; and
  - (3) may not exceed 15 percent of the rate of basic pay of that [employee](/usc/5/5921.md?p=3) for the period served under that assignment.