U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 59— ALLOWANCES › Subchapter SUBCHAPTER III— OVERSEAS DIFFERENTIALS AND ALLOWANCES

5 U.S.C. § 5923

Quarters allowances

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(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.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 511; Pub. L. 97–258, § 3(a)(15), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 102–138, title I, § 147(d), Oct. 28, 1991, 105 Stat. 669.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes 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 NotesAmendments

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”.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1971–2022 · leading case: Roberts v. United States, 104 Fed. Cl. 598 (Fed. Cl. 2012).
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Roberts v. United States, 104 Fed. Cl. 598 (Fed. Cl. 2012). · cites it 8× “This is an action by a civilian Marine Corps employee seeking the payment of a living quarters allowance (“LQA”) as provided by 5 U.S.C. § 5923 (2006). Although the Marine Corps neither offered nor advertised the payment of LQA for this particular job posting, plaintiff contends…”
Salvatore Bortone v. United States, 110 Fed. Cl. 668 (Fed. Cl. 2013). · cites it 3× “Living Quarters Allowance eligibility under the Overseas Differentials and Allowances Act; 5 U.S.C. § 5923 ; Department of State Standardized Regulations §§ 031.”
Roberts v. United States, 745 F.3d 1158 (Fed. Cir. 2014). “5 U.S.C. § 5923 (a) (emphasis added). The Act also delegated the authority to promulgate requirements for LQA to the President, stating that: (c) The allowances and differentials authorized by this subehapter shall be paid under regulations prescribed by the President.”
Pucilowski v. Dep't of Just., 498 F.3d 1341 (Fed. Cir. 2007). “2000) (finding that the living quarter allowance provided to members of the armed forces under 5 U.S.C. § 5923 (a)(2) is a “benefit of employment”).”
Anderson v. United States, 16 Cl. Ct. 530 (Ct. Cl. 1989). · cites it 3× “1 These allowances were generally paid to all civilian federal government employees stationed overseas when government-owned or rental quarters were not provided without charge for a government employee in a foreign area as authorized by the Overseas Differentials and Allowances…”
Adde v. United States, 81 Fed. Cl. 415 (Fed. Cl. 2008). “The first, 5 U.S.C. § 5923 (2000), governs living quarters allowances related to the cost of obtaining housing overseas, an allowance not at issue here.”
Lawrence v. United States, 69 Fed. Cl. 550 (Fed. Cl. 2006). “5 U.S.C. § 5923 (a)(2). LQA is limited to actual, allowable costs for rent and utilities, or maximum rate for the post, whichever is less.”
Noel D. Induni & Janet E. Induni v. Comm'r of Internal Revenue, 990 F.2d 53 (2d Cir. 1993). · cites it 2× “Induni received an LQA in accordance with 5 U.S.C. § 5923 (2) (1988). An LQA is a stipend that is provided to qualifying federal employees stationed abroad who are not otherwise provided with housing.”
Boston v. United States, 43 Fed. Cl. 220 (Fed. Cl. 1999). “See 5 U.S.C. §§ 5923 (a)(2), 5924(1). The rates of the allowances are determined by the Department of State (“DoS”) and Department of Defense (“DoD”) implementing regulations.”
Hindman v. United States, 130 Fed. Cl. 705 (Fed. Cl. 2017). “In Roberts , the United States Court of Appeals for the Federal Circuit held that the Overseas Differential and Allowances Act, 5 U.S.C. § 5923 , and implementing regulations, promulgated by the Department of State and the Department of Defense, and an Order issued by a Marine…”
Murphy v. United States, 130 Fed. Cl. 554 (Fed. Cl. 2017). “See 5 U.S.C. § 5923 (a)(2) (authorizing a “living quarters allowance for rent, heat, light, fuel, gas, electricity, and water”).”
Matthew Walter Stephan v. United States, 111 Fed. Cl. 676 (Fed. Cl. 2013). · cites it 3× “DAMICH, Judge Plaintiff, Matthew Stephan (“Stephan”), pro se, brings this action alleging that he is entitled to a Living Quarter Allowance (“LQA”), pursuant to 5 U.S.C. § 5923 . The case is now before the Court on the United States’ (the “Government”) motion to dismiss for lack…”
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5 U.S.C. § 5923(a): 1 case
Thomas v. United States, 122 Fed. Cl. 53 (Fed. Cl. 2015).
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