§5923 — Title 5 Government Organization and Employees | U.S. Code

Summary

When the government does not provide free housing in a foreign area, an employee may get one or more housing payments. One is a temporary subsistence payment to help pay for short-term housing, meals, and laundry for the employee and family for up to 90 days after arriving at a new post or until they move into permanent housing, whichever is shorter, and for up to 30 days before leaving after an evacuation. Another is a living quarters payment that covers rent and basic utilities (heat, light, fuel, gas, electricity, and water). In rare cases the government can pay or repay reasonable, necessary costs to make initial repairs or improvements to a privately leased home if the agency approves them beforehand and the lease terms justify it. The 90-day and 30-day limits can each be extended by up to 60 more days if the agency head (or their designee) decides there are compelling reasons beyond the employee’s control to stay in temporary housing.

Title 5, §5923

Government Organization and Employees — Source: USLM XML via OLRC

(a)When Government owned or rented quarters are not provided without charge for an employee in a foreign area, 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 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 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) and (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 at a post of assignment in a foreign area, 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.

(b)The 90-day period under subsection (a)(1)(A) and the 30-day period under subsection (a)(1)(B) may each be extended for not more than 60 additional days if the head of the agency concerned or his designee determines that there are compelling reasons beyond the control of the employee for the continued occupancy of temporary quarters.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3036.Sept. 6, 1960, Pub. L. 86–707, § 211, 74 Stat. 793. 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—Pub. L. 102–138 designated existing provisions as subsec. (a), substituted “subsistence” for “lodging” and inserted “(including meals and laundry expenses)” after “quarters” in par. (1), substituted “90 days” for “3 months” in par. (1)(A), substituted “30 days” for “1 month” in par. (1)(B), and added subsec. (b). 1982—Par. (2). Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”.

§5923 Quarters Allowances