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5 U.S.C. § 5523 — Duration of payments; rates; active service period

Federal law — U.S. Code and appendices · legal_authorities

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)** Subject to adjustment of the account of an employee under [section 5524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5524&num=0&edition=prelim) 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

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Stable record: federal_law:legal_authorities:record_usc_a74f66591285f2e66ca8c137
Source file: Laws/federal/codes/united-states-code/title-5/section-5523-duration-of-payments-rates-active-service-period--5e4d2a6809.md
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Source location: Title 5, Chapter 55, § 5523; chapter-055-pay-administration.md

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**(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)** Subject to adjustment of the account of an employee under [section 5524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5524&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5524 — Review of accounts

The head of each agency shall provide for— (1) the review of the account of each employee of the agency in receipt of payments under section 5522 or 5523 of this title, or both, as the case may be; and (2) the adjustment of the amounts of the payments on the basis of— (A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he had performed active service under the terms of his appointment during each period in the position he held immediately before the issuance of the applicable evacuation order; and (B) such additional amounts as the employee is authorized to receive in accordance with a determination of the President under [section 5523(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5523/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5527 — Regulations

**(a)** To the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Executive agencies under this subchapter. **(b)** The President, with respect to the Executive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Columbia Council, with respect to the government of the District of Columbia, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter. **(c)** The head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this section, necessary and appropriate to carry out his functions under this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5523 — Duration of payments; rates; active serv-

Page 651 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5523 of the dependents or immediate family of the employee. (b) Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, the advance payment of pay, allowances, and differentials is at rates currently authorized with respect to the em- ployee on the date the advance payment is made under agency procedures governing advance pay- ments under this subsection. The rates so au- thorized may not exceed the rates to which the employee was entitled immediately before issuance of the departure order. (c) An advance of funds under subsection (a) of this section is recoverable by the Government of the United States or the government of the Dis- trict of Columbia, as the case may be, from the employee or his estate by— (1) setoff against accrued pay, amount of re- tirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and (2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an ad- vance of funds under subsection (a) of this sec- tion, if it is shown that the recovery would be against equity and good conscience or against the public interest. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96–465, title II § 2303(a), (b), Oct. 17, 1980, 94 Stat. 2164, 2165.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3072. Sept. 26, 1961, Pub. L. 87–304, § 2, 75 Stat. 662. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. E

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5523

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