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

Statutory text

The head of each agency may provide for—

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

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.

Subject to adjustment of the account of an employee under section 5524 of this title 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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 5523
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480
1980
Pub. L. 96–465 § 2303(c) · 94 Stat. 2071
1. Substituted · 5 U.S.C. § 5523(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” after “issuance of the”
2. Substituted · 5 U.S.C. § 5523(a)(1)
  Pub. L. 96–465, § 2303(c), in subpar. (A) substituted “departure” for “evacuation” after “issuance of the”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(c) Section 5523(a)(1) of title 5, United States Code, is amended— (1) by amending subparagraph (A) to read as follows: “(A) whose departure is authorized or ordered under section 5522(a) of this title; and”; and Ante, p. 2164. (2) in subparagraph (B) by striking out “evacuation” and inserting in lieu thereof “departure”.
Effective date note
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.
1980
Pub. L. 96–465 § 2303(d) · 94 Stat. 2071
Substituted · 5 U.S.C. § 5523(b)
Pub. L. 96–465, § 2303(d), substituted “departure” for “evacuation” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–465, § 2303(d), substituted “departure” for “evacuation” in two places.
Enacted provision · exact public law section
(d) Section 5523(b) of title 5, United States Code, is amended by striking out “evacuation” both places it appears and inserting in lieu thereof “departure”.
Effective date note
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.
1991
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
Pub. L. 102–138 title I § 147(a) · 105 Stat. 647
Substituted · 5 U.S.C. § 5523(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)—
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(a) Duration of Payments; Rates; Active Service Period.— Section 5523(a)(1) of title 5, United States Code, is amended by striking “agency)—” and all that follows thereafter and inserting the following: “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”.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

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

Amendments1980–1991 · 2 rounds

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.

Credits

1966–1991 · 3 acts

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

Show as published

(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.)