US (United States) Code. Title 5. Chapter 57: Travel, transportation and subsistence

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-CITE-

5 USC CHAPTER 57 - TRAVEL, TRANSPORTATION, AND

SUBSISTENCE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

.

-HEAD-

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

-MISC1-

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

Sec.

5701. Definitions.

5702. Per diem; employees traveling on official business.

5703. Per diem, travel, and transportation expenses; experts and

consultants; individuals serving without pay.

5704. Mileage and related allowances.

5705. Advancements and deductions.

5706. Allowable travel expenses.

5706a. Subsistence and travel expenses for threatened law

enforcement personnel.

5706b. Interview expenses.

5706c. Reimbursement for taxes incurred on money received for

travel expenses.

5707. Regulations and reports.

5707a. Adherence to fire safety guidelines in establishing rates

and discounts for lodging expenses.

5708. Effect on other statutes.

5709. Air evacuation patients: furnished subsistence.

5710. Authority for travel expenses test programs.

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

5721. Definitions.

5722. Travel and transportation expenses of new appointees; posts

of duty outside the continental United States.

5723. Travel and transportation expenses of new appointees and

student trainees.

5724. Travel and transportation expenses of employees transferred;

advancement of funds; reimbursement on commuted basis.

5724a. Relocation expenses of employees transferred or reemployed.

5724b. Taxes on reimbursements for travel, transportation, and

relocation expenses of employees transferred.

5724c. Relocation services.

5725. Transportation expenses; employees assigned to danger areas.

5726. Storage expenses; household goods and personal effects.

5727. Transportation of motor vehicles.

5728. Travel and transportation expenses; vacation leave.

5729. Transportation expenses; prior return of family.

5730. Funds available.

5731. Expenses limited to lowest first-class rate.

5732. General average contribution; payment or reimbursement.

5733. Expeditious travel.

5734. Travel, transportation, and relocation expenses of employees

transferred from the Postal Service.

5735. Travel, transportation, and relocation expenses of employees

transferring to the United States Postal Service.

5736. Travel, transportation, and relocation expenses of certain

nonappropriated fund employees.

5737. Relocation expenses of an employee who is performing an

extended assignment.

5738. Regulations.

5739. Authority for relocation expenses test programs.

SUBCHAPTER III - TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

5741. General prohibition.

5742. Transportation of remains, dependents, and effects; death

occurring away from official station or abroad.

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

5751. Travel expenses of witnesses.

5752. Travel expenses of Senior Executive Service candidates.

5753. Recruitment and relocation bonuses.

5754. Retention allowances.

5755. Supervisory differentials.

5756. Home marketing incentive payment.

5757. (FOOTNOTE 1) Payment of expenses to obtain professional

credentials.

(FOOTNOTE 1) So in original. Two sections 5757 have been

enacted.

5757. (FOOTNOTE 1) Extended assignment incentive.

AMENDMENTS

2002 - Pub. L. 107-273, div. A, title II, Sec. 207(a)(2), Nov.

2, 2002, 116 Stat. 1780, added item 5757 ''Extended assignment

incentive''.

2001 - Pub. L. 107-107, div. A, title XI, Sec. 1112(b), Dec. 28,

2001, 115 Stat. 1239, added item 5757 ''Payment of expenses to

obtain professional credentials''.

1998 - Pub. L. 105-264, Sec. 4(b), 5(c), Oct. 19, 1998, 112 Stat.

2354, 2355, added items 5706c, 5710, and 5739.

1996 - Pub. L. 104-201, div. A, title XVI, Sec. 1605(a)(2),

title XVII, Sec. 1723(c), Sept. 23, 1996, 110 Stat. 2736, 2759,

added items 5736 to 5738 and 5756.

1994 - Pub. L. 103-337, div. A, title III, Sec. 345(a)(2), Oct.

5, 1994, 108 Stat. 2724, added item 5735.

1992 - Pub. L. 102-378, Sec. 2(46), Oct. 2, 1992, 106 Stat. 1353,

struck out ''; manpower shortage positions'' after ''trainees'' in

item 5723 and added item 5755.

1990 - Pub. L. 101-509, title V, Sec. 529 (title II, Sec.

206(a)(2), 208(b)), Nov. 5, 1990, 104 Stat. 1427, 1457, 1460, added

items 5706b, 5753, and 5754.

Pub. L. 101-391, Sec. 4(b), Sept. 25, 1990, 104 Stat. 750, added

item 5707a.

1986 - Pub. L. 99-234, title I, Sec. 103(b), 106(b), Jan. 2,

1986, 99 Stat. 1758, 1759, added items 5706a and 5734.

1983 - Pub. L. 98-151, Sec. 118(a)(7)(A)(ii), Nov. 14, 1983, 97

Stat. 979, added items 5724b and 5724c.

1978 - Pub. L. 95-454, title IV, Sec. 409(c), Oct. 13, 1978, 92

Stat. 1173, added item 5752.

1975 - Pub. L. 94-22, Sec. 7, May 19, 1975, 89 Stat. 86, inserted

''and reports'' after ''Regulations'' in item 5707.

1970 - Pub. L. 91-563, Sec. 4(b), Dec. 19, 1970, 84 Stat. 1477,

added heading of Subchapter IV and item 5751.

Pub. L. 91-481, Sec. 1(2), Oct. 21, 1970, 84 Stat. 1081, added

item 5709.

1967 - Pub. L. 90-206, title II, Sec. 222(c)(2), Dec. 16, 1967,

81 Stat. 641, added item 5733.

Pub. L. 90-83 Sec. 1(37)(B), Sept. 11, 1967, 81 Stat. 205, added

item 5724a.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3396, 5307, 9701 of this

title; title 14 section 193; title 18 section 3168; title 22

section 3671; title 26 section 7471; title 42 section 5816; title

43 section 50d; title 49 section 106.

-CITE-

5 USC SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES;

MILEAGE ALLOWANCES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

.

-HEAD-

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3161, 3375, 3381,

4109, 5354, 5723, 5737, 5751, 8476 of this title; title 2 sections

476, 1381, 1385; title 7 sections 2229, 7993; title 10 sections

180, 2166, 9444; title 12 sections 635, 1441a, 2278a-2; title 15

sections 278g-4, 634, 657, 4632, 4804; title 16 sections 463, 916l,

961; title 19 section 2171; title 20 sections 5933, 6651, 9516;

title 21 sections 874, 1709; title 22 sections 290n-3, 1754, 2024,

2511, 2672, 4356, 4832, 6431; title 26 sections 7456, 7471, 7802;

title 28 section 594; title 29 section 2911; title 33 sections

467f, 2309; title 38 section 4110; title 42 sections 293l, 294f,

297t, 1314a, 1395ww, 1975b, 2477, 4276, 4277, 5196, 7383, 9844,

11609, 12651b, 15203, 15345, 15361; title 44 section 2705; title 46

App. section 1717.

-CITE-

5 USC Sec. 5701 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5701. Definitions

-STATUTE-

Except as otherwise provided in section 5707(d), (FOOTNOTE 1) for

the purpose of this subchapter -

(FOOTNOTE 1) See References in Text note below.

(1) ''agency'' means -

(A) an Executive agency;

(B) a military department;

(C) an office, agency, or other establishment in the

legislative branch;

(D) an office, agency, or other establishment in the judicial

branch; and

(E) the government of the District of Columbia;

but does not include -

(i) a Government controlled corporation;

(ii) a Member of Congress; or

(iii) an office or committee of either House of Congress or

of the two Houses;

(2) ''employee'' means an individual employed in or under an

agency including an individual employed intermittently in the

Government service as an expert or consultant and paid on a daily

when-actually-employed basis and an individual serving without

pay or at $1 a year;

(3) ''subsistence'' means lodging, meals, and other necessary

expenses for the personal sustenance and comfort of the traveler;

(4) ''per diem allowance'' means a daily payment instead of

actual expenses for subsistence and fees or tips to porters and

stewards;

(5) ''Government'' means the Government of the United States

and the government of the District of Columbia; and

(6) ''continental United States'' means the several States and

the District of Columbia, but does not include Alaska or Hawaii.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 498; Pub. L. 94-22, Sec.

2(a), May 19, 1975, 89 Stat. 84; Pub. L. 99-234, title I, Sec. 101,

Jan. 2, 1986, 99 Stat. 1756; Pub. L. 101-391, Sec. 5(a)(2), Sept.

25, 1990, 104 Stat. 751.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(1)-(5) 5 U.S.C. 835. June 9, 1949, ch.

185, Sec. 2, 63

Stat. 166.

(6) (Uncodified). Aug. 14, 1961, Pub.

L. 87-139, Sec.

8(c), 75 Stat. 340.

-------------------------------

In paragraph (1), the word ''agency'' is substituted for

''departments and establishments''. The terms ''Executive agency''

and ''military department'' are substituted for ''any executive

department, independent commission, board, bureau, office, agency,

or other establishment in the executive branch of the Government,

including wholly owned Government corporations'' in view of the

definitions in sections 105 and 102. The exception of ''a

Government controlled corporation'' is added in subparagraph (i) to

preserve the application of this subchapter to ''wholly owned

Government corporations''.

Paragraph (2) is added for convenience and to eliminate the

necessity of referring to ''civilian officers and employees of the

agencies'' elsewhere in the text of the subchapter.

In paragraph (4), the words ''for subsistence and fees or tips to

porters and stewards'' are added on authority of the words ''in

lieu of their actual expenses of subsistence and all fees or tips

to porters and stewards'' and ''in lieu of subsistence'' in former

sections 836 and 73b-2, which are carried into sections 5702 and

5703, respectively.

Paragraph (5) is added for convenience and is based in part on

former section 835(1)(A) and, insofar as concerns section 5703, on

section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.

Paragraph (6), insofar as concerns section 5703, is based in part

on section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.

The definition of ''Member of Congress'' in former section 835(4)

is omitted as unnecessary in view of the definition of ''Member of

Congress'' in section 2106.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 5707(d) of this title, referred to in text, was repealed

by Pub. L. 104-201, div. A, title XVI, Sec. 1614(a)(1), Sept. 23,

1996, 110 Stat. 2739.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-391 substituted ''Except as otherwise provided

in section 5707(d), for the purpose'' for ''For the purpose''.

1986 - Par. (4). Pub. L. 99-234 amended par. (4) generally,

striking out ''flat rate'' before ''payment''.

1975 - Par. (2). Pub. L. 94-22 redefined ''employee'' to include

individuals employed intermittently as experts or consultants and

paid on a daily when-actually-employed basis, and individuals

serving without pay at $1 a year.

EFFECTIVE DATE OF 1986 AMENDMENT; REGULATIONS

Section 301 of Pub. L. 99-234 provided that:

''(a) The Administrator of General Services shall promulgate

regulations implementing the amendments made by sections 101, 102,

103, 104, and 106 of this Act (enacting sections 5706a and 5734 of

this title and amending this section and sections 5702 and 5707 of

this title) not later than 150 days after the date of enactment of

this Act (Jan. 2, 1986). The amendments made by title I of this Act

(enacting sections 5706a and 5734 of this title and amending this

section, sections 5702, 5707, and 5724a of this title, section 476

of Title 2, The Congress, section 2396 of Title 22, Foreign

Relations and Intercourse, section 4941 of Title 26, Internal

Revenue Code, section 456 of Title 28, Judiciary and Judicial

Procedure, section 326 of Title 31, Money and Finance, and section

2477 of Title 42, The Public Health and Welfare) shall take effect

on the effective date of such regulations, or 180 days after the

date of enactment of this Act (Jan. 2, 1986), whichever occurs

first.

''(b) The amendments made by section 201 of this Act (enacting

section 420 of Title 41, Public Contracts) shall take effect 30

days after the effective date of the amendments made by title I.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-264, Sec. 1, Oct. 19, 1998, 112 Stat. 2350, provided

that: ''This Act (enacting sections 5706c, 5710, and 5739 of this

title, amending sections 5721 to 5724, 5724a, 5725, 5727 to 5729,

5731, and 5732 of this title, section 3413 of Title 12, Banks and

Banking, and sections 3322, 3528, and 3726 of Title 31, Money and

Finance, and enacting provisions set out as notes under this

section, section 5706c of this title, and section 3322 of Title 31)

may be cited as the 'Travel and Transportation Reform Act of

1998'.''

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-201, div. A, title XVII, Sec. 1701, Sept. 23, 1996,

110 Stat. 2752, provided that: ''This title (enacting sections

5737, 5738, and 5756 of this title, amending sections 3375, 5722 to

5724c, 5726 to 5729, and 5731 of this title, section 1348 of Title

31, Money and Finance, section 707 of Title 38, Veterans' Benefits,

and sections 290aa and 299c-4 of Title 42, The Public Health and

Welfare, and enacting provisions set out as notes under section

5722 of this title) may be cited as the 'Federal Employee Travel

Reform Act of 1996'.''

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-234 provided that: ''This Act (enacting

sections 5706a and 5734 of this title and section 420 of Title 41,

Public Contracts, amending this section, sections 5702, 5707, and

5724a of this title, section 476 of Title 2, The Congress, section

2396 of Title 22, Foreign Relations and Intercourse, section 4941

of Title 26, Internal Revenue Code, section 456 of Title 28,

Judiciary and Judicial Procedure, section 326 of Title 31, Money

and Finance, and section 2477 of Title 42, The Public Health and

Welfare, and enacting provisions set out as notes under this

section and section 420 of Title 41) may be cited as the 'Federal

Civilian Employee and Contractor Travel Expenses Act of 1985'.''

SHORT TITLE OF 1975 AMENDMENT

Section 1 of Pub. L. 94-22 provided: ''That this Act (amending

this section, sections 5702, 5703, 5704, 5705, and 5707 of this

title, and section 68b of Title 2, The Congress, and enacting

provisions set out as a note under section 5707 of this title) may

be cited as the ''Travel Expense Amendments Act of 1975'.''

REQUIRING USE OF TRAVEL CHARGE CARD

Pub. L. 105-264, Sec. 2, Oct. 19, 1998, 112 Stat. 2350, provided

that:

''(a) In General. - Under regulations issued by the Administrator

of General Services after consultation with the Secretary of the

Treasury, the Administrator shall require that Federal employees

use the travel charge card established pursuant to the United

States Travel and Transportation Payment and Expense Control

System, or any Federal contractor-issued travel charge card, for

all payments of expenses of official Government travel. The

Administrator shall exempt any payment, person, type or class of

payments, or type or class of personnel from any requirement

established under the preceding sentence in any case in which -

''(1) it is in the best interest of the United States to do so;

''(2) payment through a travel charge card is impractical or

imposes unreasonable burdens or costs on Federal employees or

Federal agencies; or

''(3) the Secretary of Defense or the Secretary of

Transportation (with respect to the Coast Guard) requests an

exemption with respect to the members of the uniformed services.

''(b) Agency Exemption. - The head of a Federal agency or the

designee of such head may exempt any payment, person, type or class

of payments, or type or class of agency personnel from subsection

(a) if the agency head or the designee determines the exemption to

be necessary in the interest of the agency. Not later than 30 days

after granting such an exemption, the head of such agency or the

designee shall notify the Administrator of General Services in

writing of such exemption stating the reasons for the exemption.

''(c) Limitation on Restriction on Disclosure. -

''(1) In general. - (Amended section 3413 of Title 12, Banks

and Banking.)

''(2) Effective date. - The amendment made by paragraph (1) is

effective as of October 1, 1983, and applies to any records

created pursuant to the United States Travel and Transportation

Payment and Expense Control System or any Federal

contractor-issued travel charge card issued for official

Government travel.

''(d) Collection of Amounts Owed. -

''(1) In general. - Under regulations issued by the

Administrator of General Services and upon written request of a

Federal contractor, the head of any Federal agency or a

disbursing official of the United States may, on behalf of the

contractor, collect by deduction from the amount of pay owed to

an employee of the agency any amount of funds the employee owes

to the contractor as a result of delinquencies not disputed by

the employee on a travel charge card issued for payment of

expenses incurred in connection with official Government travel.

The amount deducted from the pay owed to an employee with respect

to a pay period may not exceed 15 percent of the disposable pay

of the employee for that pay period, except that a greater

percentage may be deducted upon the written consent of the

employee.

''(2) Due process protections. - Collection under this

subsection shall be carried out in accordance with procedures

substantially equivalent to the procedures required under section

3716(a) of title 31, United States Code.

''(3) Definitions. - For the purpose of this subsection:

''(A) Agency. - The term 'agency' has the meaning that term

has under section 101 of title 31, United States Code.

''(B) Employee. - The term 'employee' means an individual

employed in or under an agency, including a member of any of

the uniformed services. For purposes of this subsection, a

member of one of the uniformed services is an employee of that

uniformed service.

''(C) Member; uniformed service. - Each of the terms 'member'

and 'uniformed service' has the meaning that term has in

section 101 of title 37, United States Code.

''(e) Regulations. - Within 270 days after the date of the

enactment of this Act (Oct. 19, 1998), the Administrator of General

Services shall promulgate regulations implementing this section,

that -

''(1) make the use of the travel charge card established

pursuant to the United States Travel and Transportation System

and Expense Control System, or any Federal contractor-issued

travel charge card, mandatory for all payments of expenses of

official Government travel pursuant to this section;

''(2) specify the procedures for effecting under subsection (d)

a deduction from pay owed to an employee, and ensure that the due

process protections provided to employees under such procedures

are no less than the protections provided to employees pursuant

to section 3716 of title 31, United States Code;

''(3) provide that any deduction under subsection (d) from pay

owed to an employee may occur only after reimbursement of the

employee for the expenses of Government travel with respect to

which the deduction is made; and

''(4) require agencies to promptly reimburse employees for

expenses charged on a travel charge card pursuant to this

section, and by no later than 30 days after the submission of a

claim for reimbursement.

''(f) Reports. -

''(1) In general. - The Administrator of General Services shall

submit 2 reports to the Congress on agency compliance with this

section and regulations that have been issued under this section.

''(2) Timing. - The first report under this subsection shall be

submitted before the end of the 180-day period beginning on the

date of the enactment of this Act (Oct. 19, 1998), and the second

report shall be submitted after that period and before the end of

the 540-day period beginning on that date of enactment.

''(3) Preparation. - Each report shall be based on a sampling

survey of agencies that expended more than $5,000,000 during the

previous fiscal year on travel and transportation payments,

including payments for employee relocation. The head of an

agency shall provide to the Administrator the necessary

information in a format prescribed by the Administrator and

approved by the Director of the Office of Management and Budget.

''(g) Reimbursement of Travel Expenses. - In accordance with

regulations prescribed by the Administrator of General Services,

the head of an agency shall ensure that the agency reimburses an

employee who submits a proper voucher for allowable travel expenses

in accordance with applicable travel regulations within 30 days

after submission of the voucher. If an agency fails to reimburse

an employee who has submitted a proper voucher within 30 days after

submission of the voucher, the agency shall pay the employee a late

payment fee as prescribed by the Administrator.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5304 of this title; title

2 section 68b; title 7 sections 3128, 5843; title 15 section 2224;

title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727;

title 22 section 1474; title 24 section 416; title 42 section

12653h.

-CITE-

5 USC Sec. 5702 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5702. Per diem; employees traveling on official business

-STATUTE-

(a)(1) Under regulations prescribed pursuant to section 5707 of

this title, an employee, when traveling on official business away

from the employee's designated post of duty, or away from the

employee's home or regular place of business (if the employee is

described in section 5703 of this title), is entitled to any one of

the following:

(A) a per diem allowance at a rate not to exceed that

established by the Administrator of General Services for travel

within the continental United States, and by the President or his

designee for travel outside the continental United States;

(B) reimbursement for the actual and necessary expenses of

official travel not to exceed an amount established by the

Administrator for travel within the continental United States or

an amount established by the President or his designee for travel

outside the continental United States; or

(C) a combination of payments described in subparagraphs (A)

and (B) of this paragraph.

(2) Any per diem allowance or maximum amount of reimbursement

shall be established, to the extent feasible, by locality.

(3) For travel consuming less than a full day, the payment

prescribed by regulation shall be allocated in such manner as the

Administrator may prescribe.

(b)(1) Under regulations prescribed pursuant to section 5707 of

this title, an employee who is described in subsection (a) of this

section and who abandons the travel assignment prior to its

completion -

(A) because of an incapacitating illness or injury which is not

due to the employee's own misconduct is entitled to reimbursement

for expenses of transportation to the employee's designated post

of duty, or home or regular place of business, as the case may

be, and to payments pursuant to subsection (a) of this section

until that location is reached; or

(B) because of a personal emergency situation (such as serious

illness, injury, or death of a member of the employee's family,

or an emergency situation such as fire, flood, or act of God),

may be allowed, with the approval of an appropriate official of

the agency concerned, reimbursement for expenses of

transportation to the employee's designated post of duty, or home

or regular place of business, as the case may be, and payments

pursuant to subsection (a) of this section until that location is

reached.

(2)(A) Under regulations prescribed pursuant to section 5707 of

this title, an employee who is described in subsection (a) of this

section and who, with the approval of an appropriate official of

the agency concerned, interrupts the travel assignment prior to its

completion for a reason specified in subparagraph (A) or (B) of

paragraph (1) of this subsection, may be allowed (subject to the

limitation provided in subparagraph (B) of this paragraph) -

(i) reimbursement for expenses of transportation to the

location where necessary medical services are provided or the

emergency situation exists,

(ii) payments pursuant to subsection (a) of this section until

that location is reached, and

(iii) such reimbursement and payments for return to such

assignment.

(B) The reimbursement which an employee may be allowed pursuant

to subparagraph (A) of this paragraph shall be the employee's

actual costs of transportation to the location where necessary

medical services are provided or the emergency exists, and return

to assignment from such location, less the costs of transportation

which the employee would have incurred had such travel begun and

ended at the employee's designated post of duty, or home or regular

place of business, as the case may be. The payments which an

employee may be allowed pursuant to subparagraph (A) of this

paragraph shall be based on the additional time (if any) which was

required for the employee's transportation as a consequence of the

transportation's having begun and ended at a location on the travel

assignment (rather than at the employee's designated post of duty,

or home or regular place of business, as the case may be).

(3) Subject to the limitations contained in regulations

prescribed pursuant to section 5707 of this title, an employee who

is described in subsection (a) of this section and who interrupts

the travel assignment prior to its completion because of an

incapacitating illness or injury which is not due to the employee's

own misconduct is entitled to payments pursuant to subsection (a)

of this section at the location where the interruption occurred.

(c) This section does not apply to a justice or judge, except to

the extent provided by section 456 of title 28.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 498; Pub. L. 91-114, Sec.

1, Nov. 10, 1969, 83 Stat. 190; Pub. L. 94-22, Sec. 3, May 19,

1975, 89 Stat. 84; Pub. L. 96-54, Sec. 2(a)(36), Aug. 14, 1979, 93

Stat. 383; Pub. L. 96-346, Sec. 1, Sept. 10, 1980, 94 Stat. 1148;

Pub. L. 99-234, title I, Sec. 102, Jan. 2, 1986, 99 Stat. 1756;

Pub. L. 102-378, Sec. 2(47), Oct. 2, 1992, 106 Stat. 1353.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 836. June 9, 1949, ch.

185, Sec. 3, 63

Stat. 166.

Apr. 26, 1950, ch.

108, 64 Stat. 89.

July 28, 1955, ch.

424, Sec. 1, 69

Stat. 393.

Aug. 14, 1961, Pub.

L. 87-139, Sec. 1,

8(a), 75 Stat. 339,

340.

-------------------------------

In subsection (a), the term ''employee'' is substituted for

''civilian officers and employees of the departments and

establishments'' in view of the definition of ''employee'' in

sections 5701 and 2105. The words ''in lieu of their actual

expenses for subsistence and all fees or tips to porters and

stewards'' are omitted as unnecessary in view of the definition of

''per diem allowance'' in section 5701(4).

In subsection (b), the words ''Under regulations prescribed under

section 5707 of this title'' are substituted for ''in accordance

with regulations promulgated and approved under sections 835-842 of

this title''.

In subsection (c), the words ''Under regulations prescribed under

section 5707 of this title'' are substituted for ''in accordance

with regulations promulgated by the Director, Bureau of the Budget,

pursuant to section 840 of this title.''

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1992 - Pub. L. 102-378 substituted ''employees'' for ''employee''

in section catchline.

1986 - Subsec. (a). Pub. L. 99-234, Sec. 102(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''Under regulations prescribed under section 5707 of this title, an

employee while traveling on official business away from his

designated post of duty, or in the case of an individual described

under section 5703 of this title, his home or regular place of

business, is entitled to (1) a per diem allowance for travel inside

the continental United States at a rate not to exceed $50, and (2)

a per diem allowance for travel outside the continental United

States, that may not exceed the rate established by the President,

or his designee, for each locality where travel is to be

performed. For travel consuming less than a full day, such rate

may be allocated proportionately.''

Subsec. (b). Pub. L. 99-234, Sec. 102(a), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''Under regulations prescribed under section 5707 of this title, an

employee who, while traveling on official business away from his

designated post of duty or, in the case of an individual described

under section 5703 of this title, his home or regular place of

business, becomes incapacitated by illness or injury not due to his

own misconduct, is entitled to the per diem allowance and

appropriate transportation expenses to his designated post of duty,

or home or regular place of business, as the case may be.''

Subsec. (c). Pub. L. 99-234, Sec. 102, redesignated subsec. (e)

as (c) and struck out former subsec. (c) which read as follows:

''Under regulations prescribed under section 5707 of this title,

the Administrator of General Services, or his designee, may

prescribe conditions under which an employee may be reimbursed for

the actual and necessary expenses of official travel when the

maximum per diem allowance would be less than these expenses,

except that such reimbursement shall not exceed $75 for each day in

a travel status within the continental United States when the per

diem otherwise allowable is determined to be inadequate (1) due to

the unusual circumstances of the travel assignment, or (2) for

travel to high rate geographical areas designated as such in

regulations prescribed under section 5707 of this title.''

Subsec. (d). Pub. L. 99-234, Sec. 102(a), struck out subsec. (d)

which read as follows: ''Under regulations prescribed under section

5707 of this title, for travel outside the continental United

States, the Administrator of General Services or his designee, may

prescribe conditions under which an employee may be reimbursed for

the actual and necessary expenses of official travel when the per

diem allowance would be less than these expenses, except that such

reimbursement shall not exceed $33 for each day in a travel status

outside the continental United States plus the locality per diem

rate prescribed for such travel.''

Subsec. (e). Pub. L. 99-234, Sec. 102(b), redesignated subsec.

(e) as (c).

1980 - Subsec. (a). Pub. L. 96-346, Sec. 1(1), increased to $50

from $35 the maximum per diem allowance for travel inside the

continental United States.

Subsec. (c). Pub. L. 96-346, Sec. 1(2), increased to $75 from $50

the maximum reimbursement for actual and necessary expenses for

travel within the continental United States.

Subsec. (d). Pub. L. 96-346, Sec. 1(3), increased to $33 from $21

the maximum reimbursement for travel outside the continental United

States.

1979 - Subsec. (c). Pub. L. 96-54 substituted ''(1)'' for ''(A)''

and ''(2)'' for ''(B)''.

1975 - Subsec. (a). Pub. L. 94-22 substituted provision relating

to determination of per diem allowance under regulations prescribed

under section 5707 for provision allowing for such determination by

agency concerned, inserted provisions relating to an individual

described under section 5703 and to proportionate allocation of

rates for travel consuming less than a full day, struck out

provision relating to Director of Bureau of Budget or another

officer of Government of the United States as persons who may be

designees, and raised maximum allowance from $25 to $35.

Subsec. (b). Pub. L. 94-22 inserted provision relating to an

individual described under section 5703, inserted ''appropriate''

before ''transportation'', and ''or home or regular place of

business, as the case may be.'' after ''expenses to his designated

post of duty''.

Subsec. (c). Pub. L. 94-22 substituted the Administrator of

General Services, or his designee, for the head of the agency

concerned, as the party who may prescribe conditions for

reimbursement for actual and necessary expenses, raised from $40 to

$50 the maximum reimbursement for travel within the continental

United States when the rate otherwise allowable is inadequate due

to unusual circumstances or due to travel to areas designated as

high rate areas, and struck out a provision, now covered by subsec.

(d), for a maximum allowance per day for travel outside the

continental United States.

Subsecs. (d), (e). Pub. L. 94-22 transferred from subsec. (c) to

(d) provisions for reimbursement for actual and necessary expenses

for travel outside the continental United States and raised from

$18 to $21 the maximum reimbursement for such expenses, and

redesignated former subsec. (d) as (e).

1969 - Subsec. (a). Pub. L. 91-114 increased the per diem

allowance for travel inside the continental United States from not

to exceed the rate of $16 to not to exceed the rate of $25.

Subsec. (c). Pub. L. 91-114 in cl. (1) increased the amount

authorized to be named in the travel authorization for each day in

a travel status inside the continental United States from not to

exceed $30 to not to exceed $40, and in cl. (2) increased the

amount authorized to be named in the travel authorization for each

day in a travel status outside the continental United States from

not to exceed the maximum per diem allowance plus $10 to not to

exceed the maximum per diem allowance plus $18.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-234 effective (1) on effective date of

regulations to be promulgated not later than 150 days after Jan. 2,

1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first,

see section 301(a) of Pub. L. 99-234, set out as a note under

section 5701 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (a) of this section to

establish maximum rates of per diem allowances to extent that such

authority pertains to travel status of employees while enroute to,

from, or between localities situated outside 48 contiguous States

of United States and District of Columbia delegated to

Administrator of General Services, see section 1(2) of Ex. Ord. No.

11609, July 22, 1971, 36 F.R. 13747, set out as a note under

section 301 of Title 3, The President.

Authority of President under subsec. (a) of this section to

establish maximum rates of per diem allowances and reimbursements

for actual and necessary expenses of official travel for employees

of Government to extent that such authority pertains to travel

status in localities in Alaska, Hawaii, the Commonwealth of Puerto

Rico, and possessions of United States delegated to Secretary of

Defense, see section 1(h) of Ex. Ord. No. 10621, set out as a note

under section 301 of Title 3.

-MISC5-

RETENTION OF TRAVEL PROMOTIONAL ITEMS

Pub. L. 107-107, div. A, title XI, Sec. 1116, Dec. 28, 2001, 115

Stat. 1241, provided that:

''(a) Definition. - In this section, the term 'agency' has the

meaning given that term under section 5701 of title 5, United

States Code.

''(b) Retention of Travel Promotional Items. - To the extent

provided under subsection (c), a Federal employee, member of the

Foreign Service, member of a uniformed service, any family member

or dependent of such an employee or member, or other individual who

receives a promotional item (including frequent flyer miles,

upgrade, or access to carrier clubs or facilities) as a result of

using travel or transportation services obtained at Federal

Government expense or accepted under section 1353 of title 31,

United States Code, may retain the promotional item for personal

use if the promotional item is obtained under the same terms as

those offered to the general public and at no additional cost to

the Federal Government.

''(c) Limitation. - Subsection (b) -

''(1) applies only to travel that -

''(A) is at the expense of an agency; or

''(B) is accepted by an agency under section 1353 of title

31, United States Code; and

''(2) does not apply to travel by any officer, employee, or

other official of the Government who is not in or under any

agency.

''(d) Regulatory Authority. - Any agency with authority to

prescribe regulations governing the acquisition, acceptance, use,

or disposal of any travel or transportation services obtained at

Government expense or accepted under section 1353 of title 31,

United States Code, may prescribe regulations to carry out

subsection (b) with respect to those travel or transportation

services.

''(e) Repeal of Superseded Law. - (Repealed section 6008 of Pub.

L. 103-355, formerly set out as a note below.)

''(f) Applicability. - This section shall apply with respect to

promotional items received before, on, or after the date of

enactment of this Act (Dec. 28, 2001).''

COST SAVINGS FOR OFFICIAL TRAVEL

Pub. L. 103-355, title VI, Sec. 6008, Oct. 13, 1994, 108 Stat.

3367, related to maximizing practicable cost savings for official

travel through use of frequent traveler programs, prior to repeal

by Pub. L. 107-107, div. A, title XI, Sec. 1116(e), Dec. 28, 2001,

115 Stat. 1241.

REPORTS TO CONGRESS OF PER DIEM AND MILEAGE ALLOWANCE PAYMENTS FOR

FISCAL YEARS 1979 THROUGH 1981; RULES AND REGULATIONS

Section 3 of Pub. L. 96-346, for fiscal years 1979 to 1981,

directed the Administrator of General Services to collect by fiscal

year information with respect to agencies spending more than

$5,000,000 annually on transportation of people, identifying

general causes and purposes of travel and estimates of total

payments, average cost and duration of trip, and identifying by

specific agency of travel practices which appear to be inefficient

and recommendations to Congress on the applicability of

alternatives to travel as well as other techniques to improve use

of travel in carrying out program objectives relating travel to

mission.

-EXEC-

EX. ORD. NO. 12561. DELEGATION OF FUNCTIONS RELATING TO TRAVEL

OUTSIDE CONTINENTAL UNITED STATES

Ex. Ord. No. 12561, July 1, 1986, 51 F.R. 24299, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Section 102(a)

of the Federal Civilian Employee and Contractor Travel Expenses Act

of 1985 (Public Law 99-234) (''the Act'') (amending this section)

and Section 301 of Title 3 of the United States Code, it is ordered

as follows:

Section 1. Section 1 of Executive Order No. 10621 of July 1,

1955, as amended (3 U.S.C. 301 note), is further amended by

redesignating the current subsection (i) as subsection (g); by

revoking the current subsection (o); and by adding the following

new subsection (h):

''(h) The authority vested in the President by Section 102(a) of

the Federal Civilian Employee and Contractor Travel Expenses Act of

1985, 5 U.S.C. 5702(a), to establish maximum rates of per diem

allowances and reimbursements for the actual and necessary expenses

of official travel for employees of the Government to the extent

that such authority pertains to travel status in localities in

Alaska, Hawaii, the Commonwealth of Puerto Rico, and possessions of

the United States.''

Sec. 2. There is hereby delegated to the Secretary of State the

authority vested in the President by Section 102(a) of the Act (5

U.S.C. 5702(a)) to establish maximum rates of per diem allowances

and reimbursements for the actual and necessary expenses of

official travel for employees of the Government to the extent that

such authority pertains to travel status in localities (including

the Trust Territories of the Pacific Islands) in any area situated

outside the United States, the Commonwealth of Puerto Rico, and

possessions of the United States.

Sec. 3. Executive Order No. 11294 of August 4, 1966, is revoked.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5569, 5707, 5724a, 8474

of this title; title 2 sections 476, 1723; title 7 sections

2009dd-3, 3128, 5843; title 10 section 2784a; title 12 section

1834a; title 15 sections 1341, 4603; title 16 sections 971a, 971b,

2443, 3608, 3641, 5608, 5709, 5727; title 18 section 4285; title 21

section 1544; title 22 sections 1474, 2396, 2704; title 24 section

416; title 25 sections 3006, 3505; title 26 section 4941; title 28

sections 456, 604, 1821; title 31 section 326; title 33 section

2732; title 36 sections 2101, 152403, 152603; title 38 section 111;

title 42 sections 1862n-9, 1873, 2210, 2477, 7238, 10163, 10265,

11221, 13458, 14195.

-CITE-

5 USC Sec. 5703 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5703. Per diem, travel, and transportation expenses; experts

and consultants; individuals serving without pay

-STATUTE-

An employee serving intermittently in the Government service as

an expert or consultant and paid on a daily when-actually-employed

basis, or serving without pay or at $1 a year, may be allowed

travel or transportation expenses, under this subchapter, while

away from his home or regular place of business and at the place of

employment or service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 499; Pub. L. 91-114, Sec.

2, Nov. 10, 1969, 83 Stat. 190; Pub. L. 94-22, Sec. 4, May 19,

1975, 89 Stat. 85.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-2. Aug. 2, 1946, ch.

744, Sec. 5, 60

Stat. 808.

July 28, 1955, ch.

424, Sec. 2, 69

Stat. 394.

Aug. 14, 1961, Pub.

L. 87-139, Sec. 2,

8(b), 75 Stat. 339,

340.

-------------------------------

Subsection (a) is added on authority of section 18 of the Act of

Aug. 2, 1946, ch. 744, 60 Stat. 811.

In subsection (b), the words ''in lieu of subsistence'' are

omitted as unnecessary in view of the definition of ''per diem

allowance'' in section 5701(4). The words ''this subchapter'' are

substituted for ''the Standardized Government Travel Regulations,

Subsistence Expense Act of 1926, as amended (5 U.S.C. 821-833) and

the Act of February 14, 1931, as amended by this Act'' as the

Subsistence Expense Act of 1926 and the Act of February 14, 1931,

were repealed by section 9(a) of the Travel Expense Act of 1949, 63

Stat. 167, part of which appeared in former section 842 and is

carried into section 5708, and as the authority for the

Standardized Government Travel Regulations in former section 840 is

carried into section 5707.

In subsection (c), the words ''this subchapter'' are substituted

for ''said regulations and said Act of February 14, 1931, as so

amended'' as the Act of February 14, 1931, was repealed by section

9(a) of the Travel Expense Act of 1949, 63 Stat. 167, part of which

appeared in former section 842 and is carried into section 5708,

and as the authority for the Standardized Government Travel

Regulations in former section 840 is carried into section 5707. The

words ''in lieu of subsistence'' are omitted as unnecessary in view

of the definition of ''per diem allowance'' in section 5701(4).

In subsection (d), the words ''Under regulations prescribed under

section 5707 of this title'' are substituted for ''in accordance

with regulations promulgated by the Director, Bureau of the Budget,

pursuant to section 840 of this title''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1975 - Pub. L. 94-22 struck out separate provisions for per diem

allowances of employees serving as experts, consultants, or serving

without pay or at $1 a year.

1969 - Subsec. (c)(1). Pub. L. 91-114 increased the per diem

allowance for travel inside continental United States from not to

exceed the rate of $16 to not to exceed the rate of $25.

Subsec. (d). Pub. L. 91-114 in cl. (1) increased amount

authorized to be named in travel authorization for each day in a

travel status inside continental United States from not to exceed

$30 to not to exceed $40, and in cl. (2) increased amount

authorized to be named in travel authorization for each day in a

travel status outside continental United States from not to exceed

maximum per diem allowance plus $10 to not to exceed the maximum

per diem allowance plus $18.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 593, 5304, 5702, 7119,

8474 of this title; title 2 sections 175, 352, 475, 1108, 1723;

title 7 sections 87j, 499t, 1388, 1505, 1736bb, 2009dd-3, 2233,

3128, 5331, 5843, 6204, 6518, 7317; title 10 sections 1114, 1464,

2006, 2166; title 12 sections 1701j-2, 1701y, 1834a, 3013; title 15

sections 637, 652, 1275, 1341, 4102, 4105, 4603; title 16 sections

1a-2, 410cc-31, 410nn-3, 410tt-4, 410ww-21, 410yy-8, 410bbb-5,

410ccc-22, 410iii-7, 450jj-6, 460ss-2, 460ss-3, 460zz-2, 460kkk,

469j, 583j-1, 698u-5, 839b, 972a, 1105, 1157, 1401, 1403, 1447b,

1536, 1537a, 1604, 2443, 3181, 4004, 5404, 5803; title 18 section

4351; title 19 sections 1903, 2171; title 20 sections 80q-3,

80q-10, 929, 955, 957, 959, 1098, 1134a, 1505, 2012, 2106, 3602,

3701, 4412, 4414, 4513, 4710, 5508, 5608, 5708, 5822, 6031, 9105,

9175; title 21 sections 355, 360c, 360d, 360e, 360j, 379e, 679a,

1115, 1303, 1544, 1908; title 22 sections 287o, 287q, 290f, 290h-5,

1465c, 1471, 1474, 1622c, 2102, 2103, 2351, 2456, 2581, 2672b,

2903, 2905, 3106, 3507, 3617, 4110, 4605, 4902, 6203, 6204; title

24 section 416; title 25 sections 305, 3006, 3505; title 28

sections 594, 2077; title 29 sections 656, 765, 772, 774, 782, 792,

794b, 1142, 1302, 2634; title 30 sections 663, 812, 1315, 1903;

title 31 section 751; title 33 sections 426, 857-16, 1320, 2073,

2251, 2732; title 35 section 5; title 36 sections 2101, 2303,

152403, 152603; title 40 sections 121, 3704, 6923; title 41

sections 46, 422; title 42 sections 210, 242l, 242q-1, 254j,

300j-5, 300v, 300aa-19, 903, 1108, 1314, 1320a-1, 1862n-9, 1870,

1873, 2210, 2473, 2495, 3211, 3535, 3609, 3788, 4025, 4768, 4914,

5403, 5651, 5661, 6007, 6614, 6632, 7234, 7384o, 7417, 9511, 10163,

10265, 12314, 12374, 12619, 12851, 13458, 14195; title 44 sections

2104, 2503, 3318; title 46 sections 4508, 9307, 13110, 70112; title

46 App. section 1295b; title 47 section 394; title 49 sections 106,

325, 44508, 60115; title 50 section 98h-1; title 50 App. sections

1989b-5, 2160.

-CITE-

5 USC Sec. 5704 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5704. Mileage and related allowances

-STATUTE-

(a)(1) Under regulations prescribed under section 5707 of this

title, an employee who is engaged on official business for the

Government is entitled to a rate per mile established by the

Administrator of General Services, instead of the actual expenses

of transportation, for the use of a privately owned automobile when

that mode of transportation is authorized or approved as more

advantageous to the Government. In any year in which the Internal

Revenue Service establishes a single standard mileage rate for

optional use by taxpayers in computing the deductible costs of

operating their automobiles for business purposes, the rate per

mile established by the Administrator shall not exceed the single

standard mileage rate established by the Internal Revenue Service.

(2) Under regulations prescribed under section 5707 of this

title, an employee who is engaged on official business for the

Government is entitled to a rate per mile established by the

Administrator of General Services, instead of the actual expenses

of transportation, for the use of a privately owned airplane or a

privately owned motorcycle when that mode of transportation is

authorized or approved as more advantageous to the Government.

(b) A determination that travel by a privately owned vehicle is

more advantageous to the Government is not required under

subsection (a) of this section when payment on a mileage basis is

limited to the cost of travel by common carrier including per diem.

(c) Notwithstanding the provisions of subsections (a) and (b) of

this section, in any case in which an employee who is engaged on

official business for the Government chooses to use a privately

owned vehicle in lieu of a Government vehicle, payment on a mileage

basis is limited to the cost of travel by a Government vehicle.

(d) In addition to the rate per mile authorized under subsection

(a) of this section, the employee may be reimbursed for -

(1) parking fees;

(2) ferry fees;

(3) bridge, road, and tunnel costs; and

(4) airplane landing and tie-down fees.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 499; Pub. L. 94-22, Sec.

5, May 19, 1975, 89 Stat. 85; Pub. L. 96-346, Sec. 2, Sept. 10,

1980, 94 Stat. 1148; Pub. L. 103-329, title VI, Sec. 634(a), Sept.

30, 1994, 108 Stat. 2428.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 837. June 9, 1949, ch.

185, Sec. 4, 63

Stat. 166.

July 28, 1955, ch.

424, Sec. 4, 69

Stat. 394. Aug. 14,

1961, Pub. L. 87-

139, Sec. 3, 4, 75

Stat. 339, 340.

-------------------------------

The word ''employee'' is substituted for ''Civilian officers and

employees of departments and establishments'' in view of the

definition of ''employee'' in sections 5701 and 2105.

In subsection (a), the words ''Under regulations prescribed under

section 5707 of this title'' are substituted for ''under

regulations prescribed by the Director of the Bureau of the

Budget''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1994 - Pub. L. 103-329 amended text generally. Prior to

amendment, text read as follows:

''(a) Under regulations prescribed under section 5707 of this

title, an employee who is engaged on official business for the

Government is entitled to not in excess of -

''(1) 20 cents a mile for the use of a privately owned

motorcycle;

''(2) 25 cents a mile for the use of a privately owned

automobile; or

''(3) 45 cents a mile for the use of a privately owned

airplane;

instead of actual expenses of transportation when that mode of

transportation is authorized or approved as more advantageous to

the Government. A determination of such advantage is not required

when payment on a mileage basis is limited to the cost of travel by

common carrier including per diem. Notwithstanding the preceding

provisions of this subsection, in any case in which an employee who

is engaged on official business for the Government chooses to use a

privately owned vehicle in lieu of a Government vehicle, payment on

a mileage basis is limited to the cost of travel by a Government

vehicle.

''(b) In addition to the mileage allowance authorized under

subsection (a) of this section, the employee may be reimbursed for

-

''(1) parking fees;

''(2) ferry fees;

''(3) bridge, road, and tunnel costs; and

''(4) airplane landing and tie-down fees.''

1980 - Subsec. (a)(1). Pub. L. 96-346, Sec. 2(1), substituted

''20 cents'' for ''11 cents''.

Subsec. (a)(2). Pub. L. 96-346, Sec. 2(2), substituted ''25

cents'' for ''20 cents''.

Subsec. (a)(3). Pub. L. 96-346, Sec. 2(3), substituted ''45

cents'' for ''24 cents''.

1975 - Subsec. (a). Pub. L. 94-22 struck out ''or other

individual performing services for the Government'' after

''employee'', substituted ''for the Government'' for ''inside or

outside his designated post of duty or place of service'',

increased from 8 to 11 cents the allowance for use of a motorcycle,

from 12 to 20 cents the allowance for use of an automobile, and

from 12 to 24 cents the allowance for use of an airplane, and

inserted provision relating to the limitation of an allowance to

the cost of travel by Government vehicle when an employee chooses a

privately owned vehicle in lieu of a Government vehicle.

Subsec. (b). Pub. L. 94-22 inserted ''authorized'' after

''allowance'', struck out ''or other individual performing service

for the Government'' after ''employee'', and provided for

reimbursement of airplane landing and tie-down fee.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5707, 5724 of this title;

title 2 section 476; title 7 sections 3128, 5843; title 13 sections

24, 26; title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709,

5727; title 22 section 1474; title 24 section 416; title 28 section

1821; title 30 section 812; title 33 section 1320; title 37 section

404; title 38 section 111; title 42 section 2477.

-CITE-

5 USC Sec. 5705 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5705. Advancements and deductions

-STATUTE-

An agency may advance, through the proper disbursing official, to

an employee entitled to per diem or mileage allowances under this

subchapter, a sum considered advisable with regard to the character

and probable duration of the travel to be performed. A sum

advanced and not used for allowable travel expenses is recoverable

from the employee or his estate by -

(1) setoff against accrued pay, retirement credit, or other

amount due the employee;

(2) deduction from an amount due from the United States; and

(3) such other method as is provided by law.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500; Pub. L. 94-22, Sec.

2(b), May 19, 1975, 89 Stat. 84.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 838. June 9, 1949, ch.

185, Sec. 5, 63

Stat. 166.

-------------------------------

The words ''disbursing official'' are substituted for

''disbursing officer'' because of the definition of ''officer'' in

section 2104 which excludes a member of a uniformed service.

Application to section 5703 is based on former section 73b-2, which

is carried into section 5703.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1975 - Pub. L. 94-22 struck out ''or individual'' after

''employee'' wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5724 of this title; title

7 sections 3128, 5843; title 16 sections 971a, 971b, 2443, 3608,

3641, 5608, 5709, 5727; title 22 section 1474; title 24 section

416.

-CITE-

5 USC Sec. 5706 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5706. Allowable travel expenses

-STATUTE-

Except as otherwise permitted by this subchapter or by statutes

relating to members of the uniformed services, only actual and

necessary travel expenses may be allowed to an individual holding

employment or appointment under the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 839. June 9, 1949, ch.

185, Sec. 6, 63

Stat. 167.

-------------------------------

The words ''members of the uniformed services'' are substituted

for ''military personnel''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 3128, 5843; title

16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727; title

22 section 1474; title 24 section 416.

-CITE-

5 USC Sec. 5706a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5706a. Subsistence and travel expenses for threatened law

enforcement personnel

-STATUTE-

(a) Under regulations prescribed pursuant to section 5707 of this

title, when the life of an employee who serves in a law

enforcement, investigative, or similar capacity, or members of such

employee's immediate family, is threatened as a result of the

employee's assigned duties, the head of the agency concerned may

approve appropriate subsistence payments for the employee or

members of the employee's family (or both) while occupying

temporary living accommodations at or away from the employee's

designated post of duty.

(b) When a situation described in subsection (a) of this section

requires the employee or members of the employee's family (or both)

to be temporarily relocated away from the employee's designated

post of duty, the head of the agency concerned may approve

transportation expenses to and from such alternate location.

-SOURCE-

(Added Pub. L. 99-234, title I, Sec. 103(a), Jan. 2, 1986, 99 Stat.

1757.)

-MISC1-

EFFECTIVE DATE

Section effective (1) on effective date of regulations to be

promulgated not later than 150 days after Jan. 2, 1986, or (2) 180

days after Jan. 2, 1986, whichever occurs first, see section 301(a)

of Pub. L. 99-234, set out as an Effective Date of 1986 Amendment

note under section 5701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5707 of this title; title

7 sections 3128, 5843; title 16 sections 971a, 971b, 2443, 3608,

3641, 5608, 5709, 5727; title 22 section 1474; title 24 section

416.

-CITE-

5 USC Sec. 5706b 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5706b. Interview expenses

-STATUTE-

An individual being considered for employment by an agency may be

paid travel or transportation expenses under this subchapter for

travel to and from pre-employment interviews determined necessary

by the agency.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title II, Sec.

206(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1457.)

-MISC1-

EFFECTIVE DATE

Section effective on such date as the President shall determine,

but not earlier than 90 days, and not later than 180 days, after

Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L.

101-509, set out as an Effective Date of 1990 Amendment note under

section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 3128, 5843; title

16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727; title

22 section 1474; title 24 section 416; title 38 section 7410.

-CITE-

5 USC Sec. 5706c 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5706c. Reimbursement for taxes incurred on money received for

travel expenses

-STATUTE-

(a) Under regulations prescribed pursuant to section 5707 of this

title, the head of an agency or department, or his or her designee,

may use appropriations or other funds available to the agency for

administrative expenses, for the reimbursement of Federal, State,

and local income taxes incurred by an employee of the agency or by

an employee and such employee's spouse (if filing jointly), for any

travel or transportation reimbursement made to an employee for

which reimbursement or an allowance is provided.

(b) Reimbursements under this section shall include an amount

equal to all income taxes for which the employee and spouse, as the

case may be, would be liable due to the reimbursement for the taxes

referred to in subsection (a). In addition, reimbursements under

this section shall include penalties and interest, for the tax

years 1993 and 1994 only, as a result of agencies failing to

withhold the appropriate amounts for tax liabilities of employees

affected by the change in the deductibility of travel expenses made

by Public Law 102-486.

-SOURCE-

(Added Pub. L. 105-264, Sec. 4(a), Oct. 19, 1998, 112 Stat. 2354.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 102-486, referred to in subsec. (b), is Pub. L.

102-486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy

Act of 1992. For complete classification of this Act to the Code,

see Short Title note set out under section 13201 of Title 42, The

Public Health and Welfare, and Tables.

-MISC2-

EFFECTIVE DATE

Pub. L. 105-264, Sec. 4(c), Oct. 19, 1998, 112 Stat. 2354,

provided that: ''This section (enacting this section) shall be

effective as of January 1, 1993.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 971a, 971b,

3608, 3641, 5608, 5709, 5727; title 24 section 416.

-CITE-

5 USC Sec. 5707 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5707. Regulations and reports

-STATUTE-

(a)(1) The Administrator of General Services shall prescribe

regulations necessary for the administration of this subchapter,

except that the Director of the Administrative Office of the United

States Courts shall prescribe such regulations with respect to

official travel by employees of the judicial branch of the

Government.

(2) Regulations promulgated to implement section 5702 or 5706a of

this title shall be transmitted to the appropriate committees of

the Congress and shall not take effect until 30 days after such

transmittal.

(b) The Administrator of General Services shall prescribe the

mileage reimbursement rates for use on official business of

privately owned airplanes, privately owned automobiles, and

privately owned motorcycles while engaged on official business as

provided for in section 5704 of this title as follows:

(1)(A) The Administrator of General Services, in consultation

with the Secretary of Transportation, the Secretary of Defense,

and representatives of organizations of employees of the

Government, shall conduct periodic investigations of the cost of

travel and the operation of privately owned vehicles to employees

while engaged on official business, and shall report the results

of such investigations to Congress at least once a year.

(B) In conducting the periodic investigations, the

Administrator shall review and analyze among other factors -

(i) depreciation of original vehicle cost;

(ii) gasoline and oil (excluding taxes);

(iii) maintenance, accessories, parts, and tires;

(iv) insurance; and

(v) State and Federal taxes.

(2)(A) The Administrator shall issue regulations under this

section which -

(i) shall prescribe a mileage reimbursement rate which

reflects the current costs as determined by the Administrator

of operating privately owned automobiles, and which shall not

exceed, as provided in section 5704(a)(1) of this title, the

single standard mileage rate established by the Internal

Revenue Service, and

(ii) shall prescribe mileage reimbursement rates which

reflect the current costs as determined by the Administrator of

operating privately owned airplanes and motorcycles.

(B) At least once each year after the issuance of the

regulations described in subparagraph (A) of this paragraph, the

Administrator shall determine, based upon the results of the cost

investigation, specific figures, each rounded to the nearest half

cent, of the average, actual cost per mile during the period for

the use of a privately owned airplane, automobile, and

motorcycle.

(C) The Administrator shall report the specific figures to

Congress not later than five working days after the Administrator

makes the cost determination. Each such report shall be printed

in the Federal Register.

(D) The mileage reimbursement rates contained in the

regulations prescribed under this section shall be adjusted

within thirty days following the submission of the report under

subparagraph (C) of this paragraph.

(c) The Administrator of General Services shall periodically, but

at least every 2 years, submit to the Director of the Office of

Management and Budget an analysis of estimated total agency

payments for such items as travel and transportation of people,

average costs and duration of trips, and purposes of official

travel; and of estimated total agency payments for employee

relocation. This analysis shall be based on a sampling survey of

agencies each of which spent more than $5,000,000 during the

previous fiscal year on travel and transportation payments,

including payments for employee relocation. Agencies shall provide

to the Administrator the necessary information in a format

prescribed by the Administrator and approved by the Director.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500; Pub. L. 94-22, Sec.

6(a), May 19, 1975, 89 Stat. 85; Pub. L. 99-234, title I, Sec. 104,

Jan. 2, 1986, 99 Stat. 1758; Pub. L. 101-391, Sec. 5(a)(1), Sept.

25, 1990, 104 Stat. 750; Pub. L. 103-329, title VI, Sec. 634(b),

(c), Sept. 30, 1994, 108 Stat. 2429, 2430; Pub. L. 104-201, div.

A, title XVI, Sec. 1614(a)(1), Sept. 23, 1996, 110 Stat. 2739; Pub.

L. 104-316, title I, Sec. 103(e), Oct. 19, 1996, 110 Stat. 3829.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 840. June 9, 1949, ch.

185, Sec. 7, 63

Stat. 167.

-------------------------------

The first sentence is based in part on former sections 73b-2,

836, and 837, which are carried into this subchapter. Application

of the second sentence to section 5703, and the third sentence, are

based on former section 73b-2, which is carried into section 5703.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1996 - Subsec. (b)(1)(A). Pub. L. 104-316 struck out ''the

Comptroller General of the United States,'' after ''in consultation

with''.

Subsec. (d). Pub. L. 104-201 struck out subsec. (d) which

provided that agencies ensure that their approved accommodation

percentages be not less than specified percentages for fiscal years

beginning 4 and 5 years after Sept. 25, 1990, and that their

percentages be not less than 90 percent for fiscal years beginning

6 years after Sept. 25, 1990, and thereafter.

1994 - Subsec. (b). Pub. L. 103-329, Sec. 634(b), amended subsec.

(b) generally, revising and restructuring text.

Subsec. (c). Pub. L. 103-329, Sec. 634(c), redesignated par. (1)

as entire subsec. and struck out par. (2) which read as follows:

''The requirements of paragraph (1) of this subsection shall expire

upon the Administrator's submission of the analysis that includes

the fiscal year that ends September 30, 1991.''

1990 - Subsec. (d). Pub. L. 101-391 added subsec. (d).

1986 - Subsec. (a). Pub. L. 99-234 designated existing provisions

as par. (1) and added par. (2).

Subsec. (c). Pub. L. 99-234 added subsec. (c).

1975 - Pub. L. 94-22 inserted ''and reports'' in section

catchline, designated existing provisions as subsec. (a),

substituted ''Administrator of General Services'' for ''Director of

the Bureau of the Budget'', struck out provision for fixing,

payment, advancement and recovery of travel allowances and expenses

in accordance with the regulations and provision for the

non-applicability of this section to per diem allowances under

section 5703(c), and inserted provision for regulations for travel

by employees of the judicial branch of the Government by the

Director of the Administrative Office of the United States Courts,

and added subsec. (b).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-234 effective (1) on effective date of

regulations to be promulgated not later than 150 days after Jan. 2,

1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first,

see section 301(a) of Pub. L. 99-234, set out as a note under

section 5701 of this title.

REGULATIONS; TIME FOR ISSUANCE

Section 6(b) of Pub. L. 94-22 provided that regulations required

under the first sentence of subsec. (b)(2) of this section, as

amended by subsec. (a) of section 6 of Pub. L. 94-22, were to be

issued no later than 30 days after May 19, 1975.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in

subsection (b)(1) of this section relating to reporting results of

investigations to Congress, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 174 of House Document No. 103-7.

REPORTS REGARDING FOREIGN TRAVEL

Pub. L. 105-277, div. G, subdiv. B, title XXV, Sec. 2505, Oct.

21, 1998, 112 Stat. 2681-837, as amended by Pub. L. 106-113, div.

B, Sec. 1000(a)(7) (div. A, title VII, Sec. 707), Nov. 29, 1999,

113 Stat. 1536, 1501A-461, provided that:

''(a) Prohibition. - Except as provided in subsection (e), none

of the funds authorized to be appropriated for the Department of

State for fiscal year 2000 or 2001 may be used to pay for the

expenses of foreign travel by an officer or employee of an

Executive branch agency to attend an international conference, or

for the routine services that a United States diplomatic mission or

consular post provides in support of foreign travel by such an

officer or employee to attend an international conference, unless

that officer or employee has submitted a preliminary report with

respect to that foreign travel in accordance with subsection (b),

and has not previously failed to submit a final report with respect

to foreign travel to attend an international conference required by

subsection (c).

''(b) Preliminary Reports. - A preliminary report referred to in

subsection (a) is a report by an officer or employee of an

Executive branch agency with respect to proposed foreign travel to

attend an international conference, submitted to the Director prior

to commencement of the travel, setting forth -

''(1) the name and employing agency of the officer or employee;

''(2) the name of the official who authorized the travel; and

''(3) the purpose and duration of the travel.

''(c) Final Reports. - A final report referred to in subsection

(a) is a report by an officer or employee of an Executive branch

agency with respect to foreign travel to attend an international

conference, submitted to the Director not later than 30 days after

the conclusion of the travel -

''(1) setting forth the actual duration and cost of the travel;

and

''(2) updating any other information included in the

preliminary report.

''(d) Report to Congress. - The Director shall submit a report on

January 31 of the years 2000 and 2001 and July 31 of the years 2000

and 2001, to the Committees on Foreign Relations and Appropriations

of the Senate and the Committees on International Relations and

Appropriations of the House of Representatives, setting forth with

respect to each international conference for which reports

described in subsection (c) were required to be submitted to the

Director during the preceding six months -

''(1) the names and employing agencies of all officers and

employees of Executive branch agencies who attended the

international conference;

''(2) the names of all officials who authorized travel to the

international conference, and the total number of officers and

employees who were authorized to travel to the conference by each

such official; and

''(3) the total cost of travel by officers and employees of

Executive branch agencies to the international conference.

''(e) Exceptions. - This section shall not apply to travel by -

''(1) the President or the Vice President;

''(2) any officer or employee who is carrying out an

intelligence or intelligence-related activity, who is performing

a protective function, or who is engaged in a sensitive

diplomatic mission; or

''(3) any officer or employee who travels prior to January 1,

1999.

''(f) Definitions. - In this section:

''(1) Director. - The term 'Director' means the Director of the

Office of International Conferences of the Department of State.

''(2) Executive branch agency. - The terms 'Executive branch

agency' and 'Executive branch agencies' mean -

''(A) an entity or entities, other than the General

Accounting Office, defined in section 105 of title 5, United

States Code; and

''(B) the Executive Office of the President (except as

provided in subsection (e)).

''(3) International conference. - The term 'international

conference' means any meeting held under the auspices of an

international organization or foreign government, at which

representatives of more than two foreign governments are expected

to be in attendance, and to which United States Executive branch

agencies will send a total of ten or more representatives.

''(g) Report. - Not later than 180 days after the date of

enactment of this Act (Oct. 21, 1998), and annually thereafter, the

President shall submit to the appropriate congressional committees

a report describing -

''(1) the total Federal expenditure of all official

international travel in each Executive branch agency during the

previous fiscal year; and

''(2) the total number of individuals in each agency who

engaged in such travel.''

REPORTING OF EMPLOYEE RELOCATION EXPENSES

Pub. L. 105-61, title VI, Sec. 635, Oct. 10, 1997, 111 Stat.

1316, provided that: ''No later than 30 days after the enactment of

this Act (Oct. 10, 1997), the Director of the Office of Management

and Budget shall require all Federal departments and agencies to

report total obligations for the expenses of employee relocation.

All obligations incident to employee relocation authorized under

either chapter 57 of title 5, United States Code, or section 901 of

the Foreign Service Act of 1980 (22 U.S.C. 4081; Public Law

96-465), shall be included. Such information for the past,

current, and budget years shall be included in the agency budget

submission to the President. The Director of the Office of

Management and Budget shall prepare a table presenting obligations

for the expenses of employee relocation for all departments and

agencies, and such table shall be transmitted to Congress each year

as part of the President's annual budget.''

GAO AUDIT OF AGENCY COMPLIANCE

Section 5(b) of Pub. L. 101-391, which provided that not later

than 6 months after the last day of the first fiscal year during

which lodging expenses were subject to the requirements of former

subsec. (d) of this section, and not later than 6 months after the

last day of every fiscal year thereafter, the Comptroller General

was to conduct an audit of the compliance of agencies with the

requirements of such subsection, and was to submit a report to

Congress describing the results of such audit, was repealed by Pub.

L. 104-201, div. A, title XVI, Sec. 1614(a)(2), Sept. 23, 1996,

110 Stat. 2739, and Pub. L. 104-316, title I, Sec. 103(f), Oct. 19,

1996, 110 Stat. 3829.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5701, 5702, 5704, 5706a,

5706c, 5709 of this title; title 7 sections 3128, 5843; title 16

sections 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727; title 22

section 1474; title 24 section 416; title 28 section 456.

-CITE-

5 USC Sec. 5707a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5707a. Adherence to fire safety guidelines in establishing

rates and discounts for lodging expenses

-STATUTE-

(a)(1) For the purpose of making payments under this chapter for

lodging expenses incurred in a State, each agency shall ensure that

not less than 90 percent of the commercial-lodging room nights for

employees of that agency for a fiscal year are booked in approved

places of public accommodation.

(2) Each agency shall establish explicit procedures to satisfy

the percentage requirement of paragraph (1).

(3) An agency shall be considered to be in compliance with the

percentage requirement of paragraph (1) until September 30, 2002,

and after that date if travel arrangements of the agency, whether

made for civilian employees, members of the uniformed services, or

foreign service personnel, are made through travel management

processes designed to book commercial lodging in approved places of

public accommodation, whenever available.

(b) Studies or surveys conducted for the purposes of establishing

per diem rates for lodging expenses under this chapter shall be

limited to approved places of public accommodation. The provisions

of this subsection shall not apply with respect to studies and

surveys that are conducted in any jurisdiction that is not a State.

(c) The Administrator of General Services may not include in any

directory which lists lodging accommodations any hotel, motel, or

other place of public accommodation that is not an approved place

of public accommodation.

(d) The Administrator of General Services shall include in each

directory which lists lodging accommodations a description of the

access and safety devices, including appropriate emergency alerting

devices, which each listed place of public accommodation provides

for guests who are hearing-impaired or visually or physically

handicapped.

(e) The Administrator of General Services may take any additional

actions the Administrator determines appropriate to facilitate the

ability of employees traveling on official business to stay at

approved places of public accommodation.

(f) For purposes of this section:

(1) The term ''agency'' does not include the government of the

District of Columbia.

(2) The term ''approved places of public accommodation'' means

hotels, motels, and other places of public accommodation that are

listed by the Director of the Federal Emergency Management Agency

as meeting the requirements of the fire prevention and control

guidelines described in section 29 of the Federal Fire Prevention

and Control Act of 1974 (15 U.S.C. 2225).

(3) The term ''State'' means any State, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, the Trust Territory of the Pacific

Islands, the Virgin Islands, Guam, American Samoa, or any other

territory or possession of the United States.

-SOURCE-

(Added Pub. L. 101-391, Sec. 4(a), Sept. 25, 1990, 104 Stat. 749;

amended Pub. L. 105-85, div. A, title XI, Sec. 1107(a)-(c), Nov.

18, 1997, 111 Stat. 1924, 1925.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85, Sec. 1107(a)(2), added

subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 105-85, Sec. 1107(c)(1), substituted

''approved places of public accommodation'' for ''places of public

accommodation that meet the requirements of the fire prevention and

control guidelines described in section 29 of the Federal Fire

Prevention and Control Act of 1974'' and struck out ''as defined in

section 4 of the Federal Fire Prevention and Control Act of 1974''

after ''that is not a State''.

Pub. L. 105-85, Sec. 1107(a)(1), redesignated subsec. (a) as (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 105-85, Sec. 1107(c)(2), substituted ''is

not an approved place of public accommodation'' for ''does not meet

the requirements of the fire prevention and control guidelines

described in section 29 of the Federal Fire Prevention and Control

Act of 1974''.

Pub. L. 105-85, Sec. 1107(a)(1), redesignated subsec. (b) as (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 105-85, Sec. 1107(a)(1), redesignated

subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 105-85, Sec. 1107(c)(3), substituted

''facilitate the ability of'' for ''encourage'' and ''approved

places of public accommodation'' for ''places of public

accommodation that meet the requirements of the fire prevention and

control guidelines described in section 29 of the Federal Fire

Prevention and Control Act of 1974''.

Pub. L. 105-85, Sec. 1107(a)(1), redesignated subsec. (d) as (e).

Subsec. (f). Pub. L. 105-85, Sec. 1107(b), added subsec. (f).

EFFECTIVE DATE

Section 4(c) of Pub. L. 101-391 provided that: ''The amendments

made by this section (enacting this section) shall take effect 60

days after the date of the publication in the Federal Register

(Nov. 24, 1992, 57 F.R. 55314) of the master list of certified

places of public accommodation maintained by the Director of the

Federal Emergency Management Agency pursuant to section 28(b) of

the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2224(b)) (as added by section 3 of this Act).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC5-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 971a, 971b,

3608, 3641, 5608, 5709, 5727.

-CITE-

5 USC Sec. 5708 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5708. Effect on other statutes

-STATUTE-

This subchapter does not modify or repeal -

(1) any statute providing for the traveling expenses of the

President;

(2) any statute providing for mileage allowances for Members of

Congress;

(3) any statute fixing or permitting rates higher than the

maximum rates established under this subchapter; or

(4) any appropriation statute item for examination of estimates

in the field.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(1), (2) 5 U.S.C. 841. June 9, 1949, ch.

185, Sec. 8, 63

Stat. 167.

(3), (4) 5 U.S.C. 842. June 9, 1949, ch.

185, Sec. 9, 63

Stat. 167.

-------------------------------

In paragraph (2), the words ''Members of Congress'' are

substituted for ''the President of the Senate or Members of

Congress'' in view of the definition of ''Member of Congress'' in

section 2106.

The first sentence of section 9 of the Act of June 9, 1949, which

repealed the Subsistence Act of 1926 and the Auto Mileage Act of

February 14, 1931, is omitted as executed.

The first proviso of former section 842, which related to

appropriation Acts for the years 1949 and 1950, is omitted as

obsolete. The remainder of former section 842, other than the

parenthetical expressions, is omitted as executed and existing

rights are preserved by technical section 8.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 971a, 971b,

2443, 3608, 3641, 5608, 5709, 5727; title 22 section 1474.

-CITE-

5 USC Sec. 5709 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5709. Air evacuation patients: furnished subsistence

-STATUTE-

Notwithstanding any other provision of law, and under regulations

prescribed under section 5707 of this title, an employee and his

dependents may be furnished subsistence without charge while being

evacuated as a patient by military aircraft of the United States.

-SOURCE-

(Added Pub. L. 91-481, Sec. 1(1), Oct. 21, 1970, 84 Stat. 1081.)

-CITE-

5 USC Sec. 5710 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

-HEAD-

Sec. 5710. Authority for travel expenses test programs

-STATUTE-

(a)(1) Notwithstanding any other provision of this subchapter,

under a test program which the Administrator of General Services

determines to be in the interest of the Government and approves, an

agency may pay through the proper disbursing official for a period

not to exceed 24 months any necessary travel expenses in lieu of

any payment otherwise authorized or required under this

subchapter. An agency shall include in any request to the

Administrator for approval of such a test program an analysis of

the expected costs and benefits and a set of criteria for

evaluating the effectiveness of the program.

(2) Any test program conducted under this section shall be

designed to enhance cost savings or other efficiencies that accrue

to the Government.

(3) Nothing in this section is intended to limit the authority of

any agency to conduct test programs.

(b) The Administrator shall transmit a copy of any test program

approved by the Administrator under this section to the appropriate

committees of the Congress at least 30 days before the effective

date of the program.

(c) An agency authorized to conduct a test program under

subsection (a) shall provide to the Administrator and the

appropriate committees of the Congress a report on the results of

the program no later than 3 months after completion of the program.

(d) No more than 10 test programs under this section may be

conducted simultaneously.

(e) The authority to conduct test programs under this section

shall expire 7 years after the date of the enactment of the Travel

and Transportation Reform Act of 1998.

-SOURCE-

(Added Pub. L. 105-264, Sec. 5(a), Oct. 19, 1998, 112 Stat. 2354.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Travel and Transportation Reform

Act of 1998, referred to in subsec. (e), is the date of enactment

of Pub. L. 105-264, which was approved Oct. 19, 1998.

-CITE-

5 USC SUBCHAPTER II - TRAVEL AND TRANSPORTATION

EXPENSES; NEW APPOINTEES, STUDENT TRAINEES,

AND TRANSFERRED EMPLOYEES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

.

-HEAD-

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 8 section 1353; title 46

App. section 1717.

-CITE-

5 USC Sec. 5721 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5721. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''agency'' means -

(A) an Executive agency;

(B) a military department;

(C) a court of the United States;

(D) the Administrative Office of the United States Courts;

(E) the Library of Congress;

(F) the Botanic Garden;

(G) the Government Printing Office; and

(H) the government of the District of Columbia;

but does not include a Government controlled corporation;

(2) ''employee'' means an individual employed in or under an

agency;

(3) ''continental United States'' means the several States and

the District of Columbia, but does not include Alaska or Hawaii;

(4) ''Government'' means the government of the United States

and the government of the District of Columbia;

(5) ''appropriation'' includes funds made available by statute

under section 9104 of title 31;

(6) ''United States'' means the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, the territories and possessions of

the United States, and the areas and installations in the

Republic of Panama that are made available to the United States

pursuant to the Panama Canal Treaty of 1977 and related

agreements (as described in section 3(a) of the Panama Canal Act

of 1979); and

(7) ''Foreign Service of the United States'' means the Foreign

Service as constituted under the Foreign Service Act of 1980.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500; Pub. L. 97-258, Sec.

3(a)(14), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 105-264, Sec.

6(1), Oct. 19, 1998, 112 Stat. 2356.)

-MISC1-

HISTORICAL AND REVISION NOTES

The section is based on sections 18 and 19 of the Act of Aug. 2,

1946, ch. 744, 60 Stat. 811, 812. Sections 18 and 19 of the Act of

Aug. 2, 1946, are omitted from this title and transferred to other

titles of the United States Code since such sections apply also to

sections 9, 11, and 16(a) of the Act of Aug. 2, 1946, which

sections appear in titles 31 and 41 of the United States Code.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 3(a) of the Panama Canal Act of 1979, referred to in par.

(6), is classified to section 3602(a) of Title 22, Foreign

Relations and Intercourse.

The Foreign Service Act of 1980, referred to in par. (7), is Pub.

L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is

classified principally to chapter 52 (Sec. 3901 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

3901 of Title 22 and Tables.

-MISC2-

AMENDMENTS

1998 - Pars. (6), (7). Pub. L. 105-264 added pars. (6) and (7).

1982 - Par. (5). Pub. L. 97-258 substituted ''section 9104'' for

''section 849''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 503, 3109, 5734,

5913 of this title; title 26 section 912; title 42 section 8241.

-CITE-

5 USC Sec. 5722 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5722. Travel and transportation expenses of new appointees;

posts of duty outside the continental United States

-STATUTE-

(a) Under regulations prescribed under section 5738 of this title

and subject to subsections (b) and (c) of this section, an agency

may pay from its appropriations -

(1) travel expenses of a new appointee and transportation

expenses of his immediate family and his household goods and

personal effects from the place of actual residence at the time

of appointment to the place of employment outside the continental

United States;

(2) these expenses on the return of an employee from his post

of duty outside the continental United States to the place of his

actual residence at the time of assignment to duty outside the

continental United States; and

(3) the expenses of transporting a privately owned motor

vehicle as authorized under section 5727(c) of this title.

(b) An agency may pay expenses under subsection (a)(1) of this

section only after the individual selected for appointment agrees

in writing to remain in the Government service for a minimum period

of -

(1) one school year as determined under chapter 25 of title 20,

if selected for appointment to a teaching position, except as a

substitute, in the Department of Defense under that chapter; or

(2) 12 months after his appointment, if selected for

appointment to any other position;

unless separated for reasons beyond his control which are

acceptable to the agency concerned. If the individual violates the

agreement, the money spent by the Government for the expenses is

recoverable from the individual as a debt due the Government.

(c) An agency may pay expenses under subsection (a)(2) of this

section only after the individual has served for a minimum period

of -

(1) one school year as determined under chapter 25 of title 20,

if employed in a teaching position, except as a substitute, in

the Department of Defense under that chapter; or

(2) not less than one nor more than 3 years prescribed in

advance by the head of the agency, if employed in any other

position;

unless separated for reasons beyond his control which are

acceptable to the agency concerned. These expenses are payable

whether the separation is for Government purposes or for personal

convenience.

(d) This section does not apply to appropriations for the Foreign

Service of the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 501; Pub. L. 104-201,

div. A, title XVII, Sec. 1715(b)(1), 1723(b)(1), Sept. 23, 1996,

110 Stat. 2755, 2759; Pub. L. 105-264, Sec. 6(2), Oct. 19, 1998,

112 Stat. 2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-3(a) Aug. 2, 1946, ch.

(less 3d-6th 744, Sec. 7, 60

proviso). Stat. 808. Sept.

23, 1950, ch. 1010,

Sec. 2, 64 Stat.

985.

Aug. 30, 1961, Pub.

L. 87-172, Sec. 2,

75 Stat. 409.

-------------------------------

In subsections (b)(1) and (c)(1), the words ''under chapter 25 of

title 20'' are substituted for ''under the Defense Department

Overseas Teachers Pay and Personnel Practices Act'' to reflect the

scheduled transfer of that Act from chapter 34 of title 5 to

chapter 25 of title 20.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-264, Sec. 6(2)(A), substituted

''continental United States;'' for ''United States;''.

Subsec. (b). Pub. L. 105-264, Sec. 6(2)(B), substituted

''Government'' for ''United States'' in two places in concluding

provisions.

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1723(b)(1), in

introductory provisions, substituted ''Under regulations prescribed

under section 5738 of this title'' for ''Under such regulations as

the President may prescribe''.

Subsec. (a)(3). Pub. L. 104-201, Sec. 1715(b)(1), added par. (3).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1725(a) of title XVII of div. A of Pub. L. 104-201

provided that: ''The amendments made by this title (enacting

sections 5737, 5738, and 5756 of this title, amending this section,

sections 3375, 5723 to 5724c, 5726 to 5729, and 5731 of this title,

section 1348 of Title 31, Money and Finance, section 707 of Title

38, Veterans' Benefits, and sections 290aa and 299c-4 of Title 42,

The Public Health and Welfare) shall take effect 180 days after the

date of the enactment of this Act (Sept. 23, 1996).''

REGULATIONS

Section 1725(b) of title XVII of div. A of Pub. L. 104-201

provided that: ''The Administrator of General Services shall, not

later than the effective date set forth under subsection (a) (set

out above), issue final regulations implementing the amendments

made by this title (see Effective Date of 1996 Amendment note

above).''

ASSESSMENT OF COST SAVINGS

Section 1724 of title XVII of div. A of Pub. L. 104-201 directed

Comptroller General, not later than one year after the effective

date set forth in section 1725(a) of Pub. L. 104-201, to submit to

Congress an assessment of costs of Federal travel administration

that were saved as a result of the amendments made by title XVII of

div. A of Pub. L. 104-201 and the regulations prescribed to carry

out the amendments.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5724, 5726, 5727 of this

title.

-CITE-

5 USC Sec. 5723 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5723. Travel and transportation expenses of new appointees and

student trainees

-STATUTE-

(a) Under regulations prescribed under section 5738 of this title

and subject to subsections (b) and (c) of this section, an agency

may pay from its appropriations -

(1) travel expenses (A) of a new appointee, or a student

trainee when assigned on completion of college work, to any

position, (B) of a new appointee to the Senior Executive Service

or the Federal Bureau of Investigation and Drug Enforcement

Administration Senior Executive Service, or (C) of any person

appointed by the President to a position the rate of pay for

which is equal to or higher than the minimum rate of pay payable

for a position classified above GS-15 pursuant to section 5108;

(2) transportation expenses of his immediate family and his

household goods and personal effects to the extent authorized by

section 5724 of this title; and

(3) the expenses of transporting a privately owned motor

vehicle as authorized under section 5727(c) of this title;

from his place of residence at the time of selection or assignment

to his duty station. If the travel and transportation expenses of

a student trainee were paid when he was appointed, they may not be

paid when he is assigned after completion of college work. Travel

expenses payable under this subsection may include the per diem and

mileage allowances authorized for employees by subchapter I of this

chapter. Advances of funds may be made for the expenses authorized

by this subsection to the extent authorized by section 5724(f) of

this title. In the case of an appointee described in paragraph (1)

who has performed transition activities under section 3 of the

Presidential Transition Act of 1963 (3 U.S.C. 102 note), the

provisions of paragraphs (1) and (2) may apply to travel and

transportation expenses from the place of residence of such

appointee (at the time of relocation following the most recent

general elections held to determine the electors of the President)

to the assigned duty station of such appointee.

(b) An agency may pay travel and transportation expenses under

subsection (a) of this section only after the individual selected

or assigned agrees in writing to remain in the Government service

for 12 months after his appointment or assignment, unless separated

for reasons beyond his control which are acceptable to the agency

concerned. If the individual violates the agreement, the money

spent by the Government for the expenses is recoverable from the

individual as a debt due the Government.

(c) An agency may pay travel and transportation expenses under

subsection (a) of this section whether or not the individual

selected has been appointed at the time of the travel. In the case

of an appointee described in subsection (a)(1) who has performed

transition activities under section 3 of the Presidential

Transition Act of 1963 (3 U.S.C. 102 note), the travel or

transportation shall take place at any time after the most recent

general elections held to determine the electors of the President.

(d) This section does not impair or otherwise affect the

authority of an agency under existing statute to pay travel and

transportation expenses of individuals named by subsection (a) of

this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 502; Pub. L. 95-454, title

III, Sec. 305, title IV, Sec. 409(a), title IX, Sec. 906(a)(2),

(3), Oct. 13, 1978, 92 Stat. 1147, 1173, 1224; Pub. L. 98-151, Sec.

118(a)(1), Nov. 14, 1983, 97 Stat. 977; Pub. L. 98-473, title I,

Sec. 120(a), Oct. 12, 1984, 98 Stat. 1968; Pub. L. 100-325, Sec.

2(j), May 30, 1988, 102 Stat. 582; Pub. L. 100-398, Sec. 6, Aug.

17, 1988, 102 Stat. 987; Pub. L. 101-509, title V, Sec. 529 (title

II, Sec. 206(b)), Nov. 5, 1990, 104 Stat. 1427, 1457; Pub. L.

102-378, Sec. 2(48), Oct. 2, 1992, 106 Stat. 1353; Pub. L. 104-201,

div. A, title XVII, Sec. 1715(b)(2), 1723(b)(1), Sept. 23, 1996,

110 Stat. 2755, 2759; Pub. L. 105-264, Sec. 6(3), Oct. 19, 1998,

112 Stat. 2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-3 (less Aug. 25, 1958, Pub.

(a)). L. 85-749, 72 Stat.

843.

July 5, 1960, Pub.

L. 86-587, Sec. 1,

74 Stat. 327.

Oct. 16, 1963, Pub.

L. 88-146, 77 Stat.

252.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Presidential Transition Act of 1963, referred to

in subsecs. (a) and (c), is section 3 of Pub. L. 88-277, which is

set out as a note under section 102 of Title 3, The President.

-MISC2-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-264 substituted ''spent by the

Government'' for ''spent by the United States'' and ''due the

Government'' for ''due the United States''.

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1723(b)(1), in

introductory provisions, substituted ''Under regulations prescribed

under section 5738 of this title'' for ''Under such regulations as

the President may prescribe''.

Subsec. (a)(3). Pub. L. 104-201, Sec. 1715(b)(2), which directed

amendment of subsec. (a) by adding par. (3) at the end, was

executed by adding par. (3) after par. (2) to reflect the probable

intent of Congress.

1992 - Pub. L. 102-378, Sec. 2(48)(A), struck out ''; manpower

shortage positions'' after ''trainees'' in section catchline.

Subsecs. (d), (e). Pub. L. 102-378, Sec. 2(48)(B), redesignated

subsec. (e) as (d) and struck out former subsec. (d) which

authorized Office to delegate its authority to determine positions

for which there was a manpower shortage for purposes of this

section.

1990 - Subsec. (a)(1)(A). Pub. L. 101-509, Sec. 529 (title II,

Sec. 206(b)(1)), substituted ''any position'' for ''a position in

the United States for which the Office of Personnel Management

determines there is a manpower shortage''.

Subsec. (a)(1)(C). Pub. L. 101-509, Sec. 529 (title II, Sec.

206(b)(2)), substituted ''the minimum rate of pay payable for a

position classified above GS-15 pursuant to section 5108; and'' for

''the minimum rate of pay prescribed for GS-16; and''.

1988 - Subsec. (a). Pub. L. 100-398, Sec. 6(2), inserted at end

''In the case of an appointee described in paragraph (1) who has

performed transition activities under section 3 of the Presidential

Transition Act of 1963 (3 U.S.C. 102 note), the provisions of

paragraphs (1) and (2) may apply to travel and transportation

expenses from the place of residence of such appointee (at the time

of relocation following the most recent general elections held to

determine the electors of the President) to the assigned duty

station of such appointee.''

Subsec. (a)(1). Pub. L. 100-398, Sec. 6(1), which directed that

par. (1) be amended by striking out ''or (B)'' and inserting ''or

(C)'', could not be executed because phrase ''or (B)'' did not

appear in par. (1) after the intervening amendment by Pub. L.

100-325, see below.

Pub. L. 100-325 inserted reference to Federal Bureau of

Investigation and Drug Enforcement Administration Senior Executive

Service in cl. (B) and redesignated a second cl. (B) as (C).

Subsec. (c). Pub. L. 100-398, Sec. 6(3), inserted at end ''In the

case of an appointee described in subsection (a)(1) who has

performed transition activities under section 3 of the Presidential

Transition Act of 1963 (3 U.S.C. 102 note), the travel or

transportation shall take place at any time after the most recent

general elections held to determine the electors of the

President.''

1984 - Subsec. (a)(1). Pub. L. 98-473 directed amendment of

subpar. (C) by striking out '', by and with the advice and consent

of the Senate,'' which was executed to second subpar. (B) by

striking out that phrase following ''appointed by the President'',

as probable intent of Congress.

1983 - Subsec. (a)(1). Pub. L. 98-151, designated existing

provisions as subpars. (A) and (B), and added a second subpar. (B)

relating to any person appointed by President.

1978 - Subsec. (a)(1). Pub. L. 95-454, Sec. 906(a)(2),

substituted ''Office of Personnel Management'' for ''Civil Service

Commission''.

Pub. L. 95-454, Sec. 409(a), inserted reference to a new

appointee to the Senior Executive Service.

Subsec. (d). Pub. L. 95-454, Sec. 305, 906(a)(3), struck out

''not'' before ''delegate'', and substituted ''Office'' for

''Commission''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT; REGULATIONS

Amendment by Pub. L. 98-151 and promulgation of regulations for

amendments by Pub. L. 98-151 effective Nov. 14, 1983, see section

118(c) of Pub. L. 98-151, set out as a note under section 5724 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by sections 305 and 906(a)(2), (3) of Pub. L. 95-454

effective 90 days after Oct. 13, 1978, see section 907 of Pub. L.

95-454, set out as a note under section 1101 of this title.

Amendment by section 409(a) of Pub. L. 95-454 effective 9 months

after Oct. 13, 1978, and congressional review of provisions of

sections 401 through 412 of Pub. L. 95-454, see section 415 of Pub.

L. 95-454, set out as an Effective Date note under section 3131 of

this title.

FUNDING OF AMENDMENTS BY PUB. L. 98-151

Amendments by Pub. L. 98-151 to be carried out by agencies by use

of funds appropriated or otherwise available for administrative

expenses of such agencies, and do not authorize appropriation of

funds in amounts exceeding sums already authorized to be

appropriated for such agencies, see section 118(b) of Pub. L.

98-151, set out as a note under section 5724 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5726, 5727, 9504 of this

title; title 28 section 530; title 42 sections 1873, 7238.

-CITE-

5 USC Sec. 5724 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5724. Travel and transportation expenses of employees

transferred; advancement of funds; reimbursement on commuted

basis

-STATUTE-

(a) Under regulations prescribed under section 5738 of this title

and when the head of the agency concerned or his designee

authorizes or approves, the agency shall pay from Government funds

-

(1) the travel expenses of an employee transferred in the

interest of the Government from one official station or agency to

another for permanent duty, and the transportation expenses of

his immediate family, or a commutation thereof under section 5704

of this title;

(2) the expenses of transporting, packing, crating, temporarily

storing, draying, and unpacking his household goods and personal

effects not in excess of 18,000 pounds net weight; and

(3) upon the separation (or death in service) of a career

appointee, as defined in section 3132(a)(4) of this title, the

travel expenses of that individual (if applicable), the

transportation expenses of the immediate family of such

individual, and the expenses of moving (including transporting,

packing, crating, temporarily storing, draying, and unpacking)

the household goods of such individual and personal effects not

in excess of eighteen thousand pounds net weight, to the place

where the individual will reside (or, in the case of a career

appointee who dies in service or who dies after separating but

before the travel, transportation, and moving is completed, to

the place where the family will reside) within the United States,

if such individual -

(A) during or after the five years preceding eligibility to

receive an annuity under subchapter III of chapter 83, or of

chapter 84 of this title, has been transferred in the interest

of the Government from one official station to another for

permanent duty as a career appointee in the Senior Executive

Service or as a director under section 4103(a)(8) of title 38

(as in effect on November 17, 1988); and

(B) is eligible to receive an annuity upon such separation

(or, in the case of death in service, met the requirements for

being considered eligible to receive an annuity, as of date of

death) under the provisions of subchapter III of chapter 83 or

chapter 84 of this title.

(b) Under regulations prescribed under section 5738 of this

title, an employee who transports a house trailer or mobile

dwelling inside the continental United States, inside Alaska, or

between the continental United States and Alaska, for use as a

residence, and who otherwise would be entitled to transportation of

household goods and personal effects under subsection (a) of this

section, is entitled, instead of that transportation, to -

(1) a reasonable allowance for transportation of the house

trailer or mobile dwelling, if the trailer or dwelling is

transported by the employee; or

(2) commercial transportation of the house trailer or mobile

dwelling, at Government expense, or reimbursement to the employee

therefor, including the payment of necessary tolls, charges, and

permit fees, if the trailer or dwelling is not transported by the

employee.

However, payment under this subsection may not exceed the maximum

payment to which the employee otherwise would be entitled under

subsection (a) of this section for transportation and temporary

storage of his household goods and personal effects in connection

with this transfer.

(c) Under regulations prescribed under section 5738 of this

title, an employee who transfers between points inside the

continental United States, instead of being paid for the actual

expenses of transporting, packing, crating, temporarily storing,

draying, and unpacking of household goods and personal effects,

shall be reimbursed on a commuted basis at the rates per 100 pounds

that are fixed by zones in the regulations. The reimbursement may

not exceed the amount which would be allowable for the authorized

weight allowance. However, under regulations prescribed under

section 5738 of this title, payment of actual expenses may be made

when the head of the agency determines that payment of actual

expenses is more economical to the Government.

(d) When an employee transfers to a post of duty outside the

continental United States, his expenses of travel and

transportation to and from the post shall be allowed to the same

extent and with the same limitations prescribed for a new appointee

under section 5722 of this title.

(e) When an employee transfers from one agency to another, the

agency to which he transfers pays the expenses authorized by this

section. However, under regulations prescribed under section 5738

of this title, in a transfer from one agency to another because of

a reduction in force or transfer of function, expenses authorized

by this section and sections 5726(b) and 5727 of this title (other

than expenses authorized in connection with a transfer to a foreign

country) and by section 5724a(a) through (f) of this title may be

paid in whole or in part by the agency from which the employee

transfers or by the agency to which he transfers, as may be agreed

on by the heads of the agencies concerned.

(f) An advance of funds may be made to an employee under

regulations prescribed under section 5738 of this title with the

same safeguards required under section 5705 of this title.

(g) The allowances authorized by this section do not apply to an

employee transferred under the Foreign Service Act of 1980.

(h) When a transfer is made primarily for the convenience or

benefit of an employee, including an employee in the Foreign

Service of the United States, or at his request, his expenses of

travel and transportation and the expenses of transporting,

packing, crating, temporarily storing, draying, and unpacking of

household goods and personal effects may not be allowed or paid

from Government funds.

(i) An agency may pay travel and transportation expenses

(including storage of household goods and personal effects) and

other relocation allowances under this section and sections 5724a,

5724b, and 5726(c) of this title when an employee is transferred

within the continental United States only after the employee agrees

in writing to remain in the Government service for 12 months after

his transfer, unless separated for reasons beyond his control that

are acceptable to the agency concerned. If the employee violates

the agreement, the money spent by the Government for the expenses

and allowances is recoverable from the employee as a debt due the

Government.

(j) The regulations prescribed under this section shall provide

that the reassignment or transfer of any employee, for permanent

duty, from one official station or agency to another which is

outside the employee's commuting area shall take effect only after

the employee has been given advance notice for a reasonable

period. Emergency circumstances shall be taken into account in

determining whether the period of advance notice is reasonable.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 502; Pub. L. 90-83, Sec.

1(36), Sept. 11, 1967, 81 Stat. 204; Pub. L. 90-623, Sec. 1(14),

Oct. 22, 1968, 82 Stat. 1313; Pub. L. 96-465, title II, Sec.

2314(d), Oct. 17 1980, 94 Stat. 2168; Pub. L. 98-151, Sec.

118(a)(2)-(4), (7)(B), Nov. 14, 1983, 97 Stat. 977, 979; Pub. L.

100-440, title VI, Sec. 629(a), Sept. 22, 1988, 102 Stat. 1758;

Pub. L. 100-566, Sec. 3, Oct. 31, 1988, 102 Stat. 2845; Pub. L.

102-378, Sec. 2(49), Oct. 2, 1992, 106 Stat. 1353; Pub. L. 103-338,

Sec. 3(a), 4, Oct. 6, 1994, 108 Stat. 3114; Pub. L. 104-201, div.

A, title XVII, Sec. 1723(a)(1)(B), (b)(1), (2), Sept. 23, 1996, 110

Stat. 2759; Pub. L. 105-85, div. C, title XXXV, Sec. 3550(c)(1),

Nov. 18, 1997, 111 Stat. 2074; Pub. L. 105-264, Sec. 6(4), Oct. 19,

1998, 112 Stat. 2356.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-1(a), Aug. 2, 1946, ch.

(b). 744, Sec. 1(a),

(b), 60 Stat. 806.

Sept. 23, 1950, ch.

1010, Sec. 1(a),

(b), 3(b), 64 Stat.

985, 986.

Feb. 12, 1958, Pub.

L. 85-326, 72 Stat.

14.

Sept. 6, 1960, Pub.

L. 86-707, Sec.

301(c)(1), 74 Stat.

796.

Oct. 9, 1962, Pub.

L. 87-776, 76 Stat.

777.

-------------------------------

In subsections (a)(1) and (f), the words ''section 5704 of this

title'' and ''section 5705 of this title'', respectively, are

substituted for ''the Act of February 14, 1931 (5 U.S.C. 73a)'' and

''the Subsistence Expense Act of 1926 (5 U.S.C. 828)'',

respectively, on authority of sections 4, 5, and 9(a) of the Travel

Expense Act of 1949, as amended, which are carried into sections

5704, 5705, and 5708.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5724(a)(2) 5 App.: 73b-1(a). July 21, 1966, Pub.

L. 89-516, Sec.

1(a), 80 Stat. 323.

5724(c) 5 App.: 73b-1(b). July 21, 1966, Pub.

L. 89-516, Sec.

1(b), 80 Stat. 323.

5724(e) 5 App.: 73b-4d. July 21, 1966, Pub.

L. 89-516, Sec. 2

''Sec. 26'', 80

Stat. 324.

5724(i) 5 App.: 73b-4f. July 21, 1966, Pub.

L. 89-516, Sec. 2

''Sec. 28'', 80

Stat. 325.

-------------------------------

Subsection (a)(1), (3) of section 1 of the act of July 21, 1966,

was effected in the codification of 5 U.S.C. 5724(a)(1), (f);

accordingly, no further amendments to 5 U.S.C. 5724 are necessary.

In subsection (e), the word ''However'' is substituted for ''and

notwithstanding the provisions of the fourth proviso of section

1(a) of this Act'' to reflect the codification of that proviso in 5

U.S.C. 5724(e). The words ''agency'' and ''agencies'' are

substituted for ''department'' and ''departments'', respectively,

to conform to the definition in 5 U.S.C. 5721(1). The words ''this

section and sections 5726(b) and 5727 of this title'' and ''section

5724a (a), (b) of this title'' are substituted for ''section 1,

subsections (a) and (b) and subsections (e) and (f)'' and

''sections 23 and 24 of this Act'', respectively, to reflect the

codification of the cited sections in 5 U.S.C. The word

''employee'' is substituted for ''officer or employee'' to conform

to the definitions in 5 U.S.C. 5721(2) and 2105.

In subsection (i), the words ''An agency may pay * * * expenses *

* * and allowances under this section and sections 5724a and

5726(c) of this title * * * only after'' are substituted for

''Notwithstanding the provisions of subsections (a) and (b) of

section 1, and of sections 23, 24, 25, and 27 of this Act, the * *

* expenses * * * and * * * allowances shall not be allowed

thereunder * * * unless and until'' for clarity and to conform to

the style of 5 U.S.C., and to reflect the codification of the cited

sections in 5 U.S.C. The word ''employee'' is substituted for

''civilian officer or employee'' and ''such officer or employee''

to conform to the definitions in 5 U.S.C. 5721(2) and 2105. The

words ''continental United States'' are substituted for

''continental United States, excluding Alaska'' to conform to the

definition in 5 U.S.C. 5721(3). The word ''agency'' is substituted

for ''department or agency'' to conform to the definition in 5

U.S.C. 5721(1). In the last sentence, the words ''money spent by

the United States for the expenses and allowances'' are substituted

for ''moneys expended by the United States under said sections of

this act on account of such officer or employee.''

-REFTEXT-

REFERENCES IN TEXT

Section 4103 of title 38, referred to in subsec. (a)(3)(A), was

repealed by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991,

105 Stat. 210. See section 7306 of Title 38, Veterans' Benefits.

The Foreign Service Act of 1980, referred to in subsec. (g), is

Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified

principally to chapter 52 (Sec. 3901 et seq.) of Title 22, Foreign

Relations and Intercourse. For complete classification of this Act

to the Code, see Short Title note set out under section 3901 of

Title 22 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-264, Sec. 6(4)(A), struck out

'', its territories or possessions, the Commonwealth of Puerto

Rico, 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, as described in section 3(a) of the

Panama Canal Act of 1979'' after ''United States''.

Subsec. (i). Pub. L. 105-264, Sec. 6(4)(B), substituted

''Government'' for ''United States'' in two places in last

sentence.

1997 - Subsec. (a)(3). Pub. L. 105-85, which directed the

substitution of ''or the Commonwealth of Puerto Rico'' for '', the

Commonwealth of Puerto Rico, 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, as

described in section 3(a) of the Panama Canal Act of 1979'',

effective Jan. 1, 1999, could not be executed because such language

did not appear in text subsequent to amendment by Pub. L. 105-264.

See 1998 Amendment note above.

1996 - Subsecs. (a), (b). Pub. L. 104-201, Sec. 1723(b)(1), in

introductory provisions, substituted ''Under regulations prescribed

under section 5738 of this title'' for ''Under such regulations as

the President may prescribe''.

Subsec. (c). Pub. L. 104-201, Sec. 1723(b)(2)(A), substituted

''under regulations prescribed under section 5738 of this title''

for ''under regulations prescribed by the President''.

Pub. L. 104-201, Sec. 1723(b)(1), substituted ''Under regulations

prescribed under section 5738 of this title'' for ''Under such

regulations as the President may prescribe''.

Subsec. (e). Pub. L. 104-201, Sec. 1723(b)(2)(A), substituted

''under regulations prescribed under section 5738 of this title''

for ''under regulations prescribed by the President''.

Pub. L. 104-201, Sec. 1723(a)(1)(B), substituted ''section

5724a(a) through (f)'' for ''section 5724a(a), (b)''.

Subsec. (f). Pub. L. 104-201, Sec. 1723(b)(2)(B), substituted

''under regulations prescribed under section 5738 of this title''

for ''under the regulations of the President''.

1994 - Subsec. (a)(3). Pub. L. 103-338, Sec. 4, amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''upon

the separation of a career appointee (as defined in section

3132(a)(4) of this title), the travel expenses of that individual,

the transportation expenses of the immediate family of such

individual, and the expenses of moving (including transporting,

packing, crating, temporarily storing, draying, and unpacking) the

household goods of such individual and personal effects not in

excess of eighteen thousand pounds net weight, to the place where

the individual will reside within the United States, its

territories or possessions, the Commonwealth of Puerto Rico, 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, as described in section 3(a) of the Panama

Canal Act of 1979 (or, if the individual dies before the travel,

transportation, and moving is completed, to the place where the

family will reside) if such individual -

''(A) during or after the five years preceding eligibility to

receive an annuity under subchapter III of chapter 83, or of

chapter 84 of this title, has been transferred in the interest of

the Government from one official station to another for permanent

duty as a career appointee in the Senior Executive Service or as

a director under section 4103(a)(8) of title 38 (as in effect on

November 17, 1988); and

''(B) is eligible to receive an annuity upon such separation

under the provisions of subchapter III of chapter 83 or chapter

84 of this title.''

Subsec. (a)(3)(A). Pub. L. 103-338, Sec. 3(a), substituted

''November 17, 1988'' for ''November 27, 1988''.

1992 - Subsec. (a)(3)(A). Pub. L. 102-378 substituted ''Service

or as a director under section 4103(a)(8) of title 38 (as in effect

on November 27, 1988)'' for ''Service''.

1988 - Subsec. (a)(3). Pub. L. 100-440 added par. (3).

Subsec. (a)(3)(A). Pub. L. 100-566 substituted ''during or after

the five'' for ''during the five'' and struck out '', and

thereafter'' after ''of this title''.

1983 - Subsec. (a)(2). Pub. L. 98-151, Sec. 118(a)(2),

substituted ''18,000'' for ''11,000''.

Subsec. (b)(1). Pub. L. 98-151, Sec. 118(a)(3), struck out ''not

in excess of 20 cents a mile'' after ''allowance''.

Subsec. (i). Pub. L. 98-151, Sec. 118(a)(7)(B), inserted

reference to section 5724b of this title.

Subsec. (j). Pub. L. 98-151, Sec. 118(a)(4), added subsec. (j).

1980 - Subsec. (g). Pub. L. 96-465 substituted ''the Foreign

Service Act of 1980'' for ''chapter 14 of title 22''.

1968 - Subsec. (e). Pub. L. 90-623 substituted ''section

5724a(a), (b)'' for ''section 5724(a), (b)''.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 3550(c)(3) of Pub. L. 105-85 provided that: ''The

amendments made by this subsection (amending this section and

section 5724a of this title) shall take effect on January 1,

1999.''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 3(b) of Pub. L. 103-338 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect as

if included in the Technical and Miscellaneous Civil Service

Amendments Act of 1992 (Public Law 102-378; 106 Stat. 1346; 5

U.S.C. 1101 note).''

Section 5(a) of Pub. L. 103-338 provided that: ''This Act

(amending this section and enacting provisions set out as notes

under this section) and the amendment made by this Act shall take

effect on October 1, 1994, or, if later, the date of the enactment

of this Act (Oct. 6, 1994).''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 applicable with respect to a

separation that takes effect on or after Oct. 2, 1992, see section

9(b)(11) of Pub. L. 102-378, set out as a note under section 6303

of this title.

EFFECTIVE DATE OF 1983 AMENDMENT; PROMULGATION OF REGULATIONS

Section 118(c) of Pub. L. 98-151 provided that:

''(1) The amendments made by subsection (a) (enacting sections

5724b and 5724c of this title and amending this section and

sections 5723, 5724a, and 5726 of this title) shall take effect on

the date of the enactment of this joint resolution (Nov. 14,

1983).''

''(2) Not later than thirty days after the date of the enactment

of this joint resolution, the President shall prescribe the

regulations required under the amendments made by subsection (a).

Such regulations shall take effect as of such date of enactment.''

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.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 effective as of Sept. 11, 1967, for

all purposes, see section 6 of Pub. L. 90-623, set out as a note

under section 5334 of this title.

MOVING EXPENSES FOR FAMILY OF CAREER APPOINTEES DYING IN SERVICE

BETWEEN JANUARY 1, 1994, AND OCTOBER 6, 1994

Section 5(b) of Pub. L. 103-338 provided that:

''(1) In general. - Under regulations prescribed by the President

or his designee, an agency shall, as appropriate, pay or make

reimbursement for any moving expenses which would be payable under

the provisions of section 5724(a)(3) of title 5, United States

Code, as amended by section 4 (but which would not have been

payable under such provisions, as last in effect before being so

amended).

''(2) Applicability. - The moving expenses to which this

subsection applies are those incurred by the family of an

individual who died -

''(i) before separating from Government service; and

''(ii) during the period beginning on January 1, 1994, and

ending on the effective date of this Act (Oct. 6, 1994).

''(3) Condition. - Payment or reimbursement under this subsection

may not be made except upon appropriate written application

submitted within 12 months after the date on which the regulations

referred to in paragraph (1) take effect.''

FUNDING OF AMENDMENTS BY PUB. L. 100-440

Section 629(b) of Pub. L. 100-440 provided that: ''The amendments

made by subsection (a) (amending this section) shall be carried out

by agencies by the use of funds appropriated or otherwise available

for the administrative expenses of each of such respective

agencies. The amendments made by such subsection do not authorize

the appropriation of funds in amounts exceeding the sums otherwise

authorized to be appropriated for such agencies.''

FUNDING OF AMENDMENTS BY PUB. L. 98-151

Section 118(b) of Pub. L. 98-151 provided that: ''The amendments

made by subsection (a) (enacting sections 5724b and 5724c of this

title and amending this section and sections 5723, 5724a, and 5726

of this title) shall be carried out by agencies by the use of funds

appropriated or otherwise available for the administrative expenses

of each of such respective agencies. The amendments made by such

subsection do not authorize the appropriation of funds in amounts

exceeding the sums already authorized to be appropriated for such

agencies.''

RATES OF REIMBURSEMENT

Administrator of General Services empowered to prescribe

regulations relating to establishment of rates used in reimbursing

civilian officers or employees of Government on a commuted basis in

lieu of payment of actual expenses of transportation, etc., of

their household goods and personal effects upon transfer from one

official station to another, see Ex. Ord. No. 11012, Mar. 28, 1962,

27 F.R. 2983, set out as a note under section 301 of Title 3, The

President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3375, 4109, 5723, 5724a,

5724b, 5726, 5737 of this title; title 16 section 3378; title 42

sections 290aa, 299c-5; title 50 section 403e.

-CITE-

5 USC Sec. 5724a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5724a. Relocation expenses of employees transferred or

reemployed

-STATUTE-

(a) Under regulations prescribed under section 5738, an agency

shall pay to or on behalf of an employee who transfers in the

interest of the Government, a per diem allowance or the actual

subsistence expenses, or a combination thereof, of the immediate

family of the employee for en route travel of the immediate family

between the employee's old and new official stations.

(b)(1) Under regulations prescribed under section 5738, an agency

may pay to or on behalf of an employee who transfers in the

interest of the Government between official stations located within

the United States -

(A) the expenses of transportation of the employee and the

employee's spouse for travel to seek permanent residence quarters

at a new official station; and

(B) either -

(i) a per diem allowance or the actual subsistence expenses

(or a combination of both); or

(ii) an amount for subsistence expenses, that may not exceed

a maximum amount determined by the Administrator of General

Services.

(2) Expenses may be allowed under paragraph (1) only for one

round trip in connection with each change of station of the

employee.

(c)(1) Under regulations prescribed under section 5738, an agency

may pay to or on behalf of an employee who transfers in the

interest of the Government -

(A) actual subsistence expenses of the employee and the

employee's immediate family for a period of up to 60 days while

the employee or family is occupying temporary quarters when the

new official station is located within the United States; or

(B) an amount for subsistence expenses, that may not exceed a

maximum amount determined by the Administrator of General

Services, instead of the actual subsistence expenses authorized

in subparagraph (A) of this paragraph.

(2) The period authorized in paragraph (1) of this subsection for

payment of expenses for residence in temporary quarters may be

extended up to an additional 60 days if the head of the agency

concerned or the designee of such head of the agency determines

that there are compelling reasons for the continued occupancy of

temporary quarters.

(3) The regulations implementing paragraph (1)(A) shall prescribe

daily rates and amounts for subsistence expenses per individual.

(d)(1) Under regulations prescribed under section 5738, an agency

shall pay to or on behalf of an employee who transfers in the

interest of the Government, expenses of the sale of the residence

(or the settlement of an unexpired lease) of the employee at the

old official station and purchase of a residence at the new

official station that are required to be paid by the employee, when

the old and new official stations are located within the United

States.

(2) Under regulations prescribed under section 5738, an agency

shall pay to or on behalf of an employee who transfers in the

interest of the Government from a post of duty located outside the

United States to an official station within the United States

(other than the official station within the United States from

which the employee was transferred when assigned to the foreign

tour of duty) -

(A) expenses required to be paid by the employee of the sale of

the residence (or the settlement of an unexpired lease) of the

employee at the old official station from which the employee was

transferred when the employee was assigned to the post of duty

located outside the United States; and

(B) expenses required to be paid by the employee of the

purchase of a residence at the new official station within the

United States.

(3) Reimbursement of expenses under paragraph (2) of this

subsection shall not be allowed for any sale (or settlement of an

unexpired lease) or purchase transaction that occurs prior to

official notification that the employee's return to the United

States would be to an official station other than the official

station from which the employee was transferred when assigned to

the post of duty outside the United States.

(4) Reimbursement for brokerage fees on the sale of the residence

and other expenses under this subsection may not exceed those

customarily charged in the locality where the residence is located.

(5) Reimbursement may not be made under this subsection for

losses incurred by the employee on the sale of the residence.

(6) This subsection applies regardless of whether title to the

residence or the unexpired lease is -

(A) in the name of the employee alone;

(B) in the joint names of the employee and a member of the

employee's immediate family; or

(C) in the name of a member of the employee's immediate family

alone.

(7)(A) In connection with the sale of the residence at the old

official station, reimbursement under this subsection shall not

exceed 10 percent of the sale price.

(B) In connection with the purchase of a residence at the new

official station, reimbursement under this subsection shall not

exceed 5 percent of the purchase price.

(8) Under regulations prescribed under section 5738, an agency

may pay to or on behalf of an employee who transfers in the

interest of the Government expenses of property management

services, instead of expenses under paragraph (1) or (2) of this

subsection for sale of the employee's residence, when the agency

determines that such transfer is advantageous and cost-effective

for the Government.

(e) Under regulations prescribed under section 5738, an agency

may pay to or on behalf of an employee who transfers in the

interest of the Government, the expenses of property management

services when the employee transfers to a post of duty outside the

United States. Such payment shall terminate upon return of the

employee to an official station within the United States.

(f)(1) Under regulations prescribed under section 5738 and

subject to paragraph (2), an employee who is reimbursed under

subsections (a) through (e) of this section or section 5724(a) of

this title is entitled to an amount for miscellaneous expenses -

(A) not to exceed two weeks' basic pay, if such employee has an

immediate family; or

(B) not to exceed one week's basic pay, if such employee does

not have an immediate family.

(2) Amounts paid under paragraph (1) may not exceed amounts

determined at the maximum rate payable for a position at GS-13 of

the General Schedule.

(g) A former employee separated by reason of reduction in force

or transfer of function who within one year after the separation is

reemployed by a nontemporary appointment at a different

geographical location from that where the separation occurred, may

be allowed and paid the expenses authorized by sections 5724, 5725,

5726(b), and 5727 of this title, and may receive the benefits

authorized by subsections (a) through (f) of this section, in the

same manner as though the employee had been transferred in the

interest of the Government without a break in service to the

location of reemployment from the location where separated.

(h) Payments for subsistence expenses, including amounts in lieu

of per diem or actual subsistence expenses or a combination

thereof, authorized under this section may not exceed the maximum

payment allowed under regulations which implement section 5702 of

this title.

-SOURCE-

(Added Pub. L. 90-83, Sec. 1(37)(A), Sept. 11, 1967, 81 Stat. 204;

amended Pub. L. 96-70, title I, Sec. 1231(d), Sept. 27, 1979, 93

Stat. 470; Pub. L. 98-151, Sec. 118(a)(5), (6), Nov. 14, 1983, 97

Stat. 977, 978; Pub. L. 99-234, title I, Sec. 105, Jan. 2, 1986, 99

Stat. 1758; Pub. L. 100-202, Sec. 101(m) (title VI, Sec.

628(a)(1)), Dec. 22, 1987, 101 Stat. 1329-390, 1329-430; Pub. L.

101-510, div. A, title XII, Sec. 1206(c), Nov. 5, 1990, 104 Stat.

1661; Pub. L. 104-201, div. A, title XVII, Sec. 1711-1713(a),

1714, 1718, Sept. 23, 1996, 110 Stat. 2753-2755, 2757; Pub. L.

105-85, div. C, title XXXV, Sec. 3550(c)(2), Nov. 18, 1997, 111

Stat. 2074; Pub. L. 105-264, Sec. 6(5), 7, Oct. 19, 1998, 112 Stat.

2356, 2357.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5724a(a) 5 App.: 73b-4a. July 21, 1966, Pub.

L. 89-516, Sec. 2

''Sec. 23'', 80

Stat. 323.

5724a(b) 5 App.: 73b-4b. July 21, 1966, Pub.

L. 89-516, Sec. 2

''Sec. 24'', 80

Stat. 324.

5724a(c) 5 App.: 73b-4e. July 21, 1966, Pub.

L. 89-516, Sec. 2

''Sec. 27'', 80

Stat. 325.

-------------------------------

In subsection (a), the word ''agency'' is substituted for

''department'' to conform to the definition in 5 U.S.C. 5721(1).

The word ''employee'' is substituted for ''officers or employees''

and ''officer or employee'' to conform to the definitions in 5

U.S.C. 5721(2) and 2105. The words ''section 5724(a) of this

title'' and ''section 5702 of this title'' are substituted for

''subsection (a) of section 1 of this Act'' and ''section 3 of the

Travel Expense Act of 1949 (63 Stat. 166, as amended; 5 U.S.C.

836)'' to reflect the codification of the cited acts in 5 U.S.C. In

subsection (a)(2), the words ''within the continental United

States'' are coextensive with and substituted for ''within the

continental United States, excluding Alaska'' on authority of the

definition of ''continental United States'' in 5 U.S.C. 5721(3).

In subsection (b), the words ''this subchapter'' and ''subsection

(a) of this section or section 5724(a) of this title'' are

substituted for ''this Act'' and ''section 1(a) or section 23 of

this Act'', respectively, to reflect the codification of the act in

5 U.S.C. The word ''officer'' is omitted as included in

''employee''. The words ''in the General Schedule of the

Classification Act of 1949, as amended'' are omitted as

unnecessary.

In subsection (c), the word ''officer'' is omitted as included in

''employee''. The words ''sections 5724, 5725, 5726(b), and 5727 of

this title'' and ''subsections (a) and (b) of this section'' are

substituted for ''section 1 of this Act'' and ''sections 23 and 24

of this Act'', respectively, to reflect the codification of the act

in title 5, United States Code.

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (f)(2), is set out

under section 5332 of this title.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-264, Sec. 7(1), substituted

''Under regulations prescribed under section 5738, an agency shall

pay'' for ''An agency shall pay''.

Subsec. (b)(1). Pub. L. 105-264, Sec. 7(2), substituted ''Under

regulations prescribed under section 5738, an agency may pay'' for

''An agency may pay'' in introductory provisions.

Subsec. (b)(1)(B)(ii). Pub. L. 105-264, Sec. 7(3), amended cl.

(ii) generally. Prior to amendment, cl. (ii) read as follows: ''an

amount for subsistence expenses.''

Subsec. (c)(1). Pub. L. 105-264, Sec. 7(2), substituted ''Under

regulations prescribed under section 5738, an agency may pay'' for

''An agency may pay'' in introductory provisions.

Subsec. (c)(1)(B). Pub. L. 105-264, Sec. 7(4), substituted ''an

amount for subsistence expenses, that may not exceed a maximum

amount determined by the Administrator of General Services,'' for

''an amount for subsistence expenses''.

Subsec. (d)(1), (2). Pub. L. 105-264, Sec. 7(1), substituted

''Under regulations prescribed under section 5738, an agency shall

pay'' for ''An agency shall pay''.

Subsec. (d)(2)(A). Pub. L. 105-264, Sec. 7(5), substituted ''of

the sale'' for ''for the sale''.

Subsec. (d)(2)(B). Pub. L. 105-264, Sec. 7(6), substituted ''of

the purchase'' for ''for the purchase''.

Subsec. (d)(8). Pub. L. 105-264, Sec. 7(2), (7), substituted

''Under regulations prescribed under section 5738, an agency may

pay'' for ''An agency may pay'' and ''paragraph (1) or (2)'' for

''paragraph (2) or (3)''.

Subsec. (e). Pub. L. 105-264, Sec. 7(2), substituted ''Under

regulations prescribed under section 5738, an agency may pay'' for

''An agency may pay''.

Subsec. (f)(1). Pub. L. 105-264, Sec. 7(8), substituted ''Under

regulations prescribed under section 5738 and subject to paragraph

(2),'' for ''Subject to paragraph (2),'' in introductory

provisions.

Subsec. (i). Pub. L. 105-264, Sec. 7(9), struck out subsec. (i)

which read as follows: ''Subsections (a), (b), and (c) shall be

implemented under regulations issued under section 5738 of this

title.''

Subsec. (j). Pub. L. 105-264, Sec. 6(5), struck out subsec. (j)

which read as follows: ''For purposes of subsections (c), (d), and

(e), the term 'United States' includes the District of Columbia,

the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, the territories and possessions of the United

States, and the areas and installations in the Republic of Panama

that are made available to the United States pursuant to the Panama

Canal Treaty of 1977 and related agreements (as described in

section 3(a) of the Panama Canal Act of 1979 (22 U.S.C.

3602(a))).''

1997 - Subsec. (j). Pub. L. 105-85, which directed the amendment

of subsec. (j) by inserting ''and'' after ''Northern Mariana

Islands,'' and by substituting ''United States.'' for ''United

States, and the areas and installations in the Republic of Panama

that are made available to the United States pursuant to the Panama

Canal Treaty of 1977 and related agreements (as described in

section 3(a) of the Panama Canal Act of 1979 (22 U.S.C.

3602(a))).'', effective Jan. 1, 1999, could not be executed because

subsec. (j) did not appear subsequent to amendment by Pub. L.

105-264. See 1998 Amendment note above.

1996 - Pub. L. 104-201, Sec. 1711, amended section generally,

substituting subsecs. (a) and (b) for former subsecs. (a) to (c)

which made funds available to pay certain expenses of employees for

whom Government pays travel and transportation expenses under

section 5724(a) of this title, provided for entitlement to certain

amounts of basic pay to such employees, and provided for payment of

expenses of certain former employees.

Subsec. (c). Pub. L. 104-201, Sec. 1712, added subsec. (c).

Subsec. (d). Pub. L. 104-201, Sec. 1713(a), added subsec. (d).

Subsec. (d)(8). Pub. L. 104-201, Sec. 1714(1), added par. (8).

Subsec. (e). Pub. L. 104-201, Sec. 1714(2), added subsec. (e).

Subsecs. (f) to (j). Pub. L. 104-201, Sec. 1718, added subsecs.

(f) to (j).

1990 - Subsec. (a)(2). Pub. L. 101-510 struck out ''continental''

before ''United States'' in second sentence.

1987 - Subsec. (a)(4)(A). Pub. L. 100-202 inserted provisions

authorizing reimbursement of expenses of selling residence of

employee at official station from which employee was transferred

when assigned to duty outside United States, its territories or

possessions, Puerto Rico, or parts of Panama, provisions

authorizing reimbursement of expenses of purchasing residence at

new official station in United States, its territories or

possessions, Puerto Rico, or parts of Panama, and provisions

disallowing reimbursement of expenses in connection with transfers

from a post of duty located outside the United States, its

territories or possessions, Puerto Rico, or parts of Panama, for

any transaction that occurs prior to official notification that

employee's return to the United States would be to official station

other than official station from which employee was transferred.

1986 - Subsec. (a)(1). Pub. L. 99-234, Sec. 105(1), (2),

substituted ''allowance or'' for ''allowance instead of'' and

''maximum payment permitted under regulations which implement

section 5702 of this title'' for ''maximum per diem rates

prescribed by or under section 5702 of this title''.

Subsec. (a)(2). Pub. L. 99-234, Sec. 105(1), (2), substituted

''allowance or'' for ''allowance instead of'' and ''maximum payment

permitted under regulations which implement section 5702 of this

title'' for ''maximum per diem rates prescribed by or under section

5702 of this title''.

Subsec. (a)(3). Pub. L. 99-234, Sec. 105(2), (3), substituted

''maximum payment permitted under regulations which implement

section 5702 of this title'' for ''maximum per diem rates

prescribed by or under section 5702 of this title'' and ''daily

rates and amounts'' for ''average daily rates''.

1983 - Subsec. (a)(3). Pub. L. 98-151, Sec. 118(a)(5)(A), in

first sentence substituted ''60 days'' for ''30 days''.

Pub. L. 98-151, Sec. 118(a)(5)(B), substituted provisions

authorizing extension for an additional 60 days if agency head or

designee determines existence of compelling reasons for continued

occupancy, for provisions authorizing extension for an additional

30 days if the employee moves to or from Alaska, Hawaii, the

territories or possessions, etc., and struck out provisions

relating to additional limitations on daily rates for reimbursement

for subsistence expenses.

Subsec. (a)(4). Pub. L. 98-151, Sec. 118(a)(6), redesignated

existing provisions as subpar. (A) and added subpar. (B).

1979 - Subsec. (a)(3), (4). Pub. L. 96-70 substituted in pars.

(3) and (4) ''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 (as described in section 3(a)

of the Panama Canal Act of 1979)'' for ''Canal Zone'' wherever

appearing.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1999, see section

3550(c)(3) of Pub. L. 105-85, set out as a note under section 5724

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 101(m) (title VI, Sec. 628(a)(2)) of Pub. L. 100-202

provided that: ''The amendments made by paragraph (2) (probably

means par. (1) which amended this section) shall be applicable with

respect to any employee transferred to or from a post of duty on or

after 60 days after the date of enactment of this section (Dec. 22,

1987).''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-234 effective (1) on effective date of

regulations to be promulgated not later than 150 days after Jan. 2,

1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first,

see section 301(a) of Pub. L. 99-234, set out as a note under

section 5701 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT; PROMULGATION OF REGULATIONS

Amendment by Pub. L. 98-151 and promulgation of regulations for

amendments by Pub. L. 98-151 effective Nov. 14, 1983, see section

118(c) of Pub. L. 98-151, set out as a note under section 5724 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EXTENSION OF PAYMENT OF RELOCATION EXPENSES TO PUERTO RICO,

NORTHERN MARIANA ISLANDS, AND TERRITORIES AND POSSESSIONS OF THE

UNITED STATES

Pub. L. 105-277, div. A, Sec. 101(b) (title I, Sec. 125), Oct.

21, 1998, 112 Stat. 2681-50, 2681-74, provided that: ''Effective

with the enactment of this Act (Oct. 21, 1998), and in any fiscal

year hereafter, the Attorney General and the Secretary of the

Treasury may, for their respective agencies, extend the payment of

relocation expenses listed in section 5724a(b)(1) of Title 5 of the

United States Code to include the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, and the territories

and possessions of the United States.''

FUNDING OF AMENDMENTS BY PUB. L. 98-151

Amendments by Pub. L. 98-151 to be carried out be agencies by use

of funds appropriated or otherwise available for administrative

expenses of such agencies, and do not authorize appropriation of

funds in amounts exceeding sums already authorized to be

appropriated for such agencies, see section 118(b) of Pub. L.

98-151, set out as a note under section 5724 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3375, 5724, 5724b, 5737,

9504 of this title; title 22 section 3691; title 38 section 707;

title 42 sections 290aa, 299c-5; title 50 section 403e.

-CITE-

5 USC Sec. 5724b 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5724b. Taxes on reimbursements for travel, transportation, and

relocation expenses of employees transferred

-STATUTE-

(a) Under regulations prescribed under section 5738 of this title

and to the extent considered necessary and appropriate, as provided

therein, appropriations or other funds available to an agency for

administrative expenses are available for the reimbursement of

substantially all of the Federal, State, and local income taxes

incurred by an employee, or by an employee and such employee's

spouse (if filing jointly), for any moving or storage expenses

furnished in kind, or for which reimbursement or an allowance is

provided (but only to the extent of the expenses paid or

incurred). Reimbursements under this subsection shall also include

an amount equal to all income taxes for which the employee and

spouse, as the case may be, (FOOTNOTE 1) would be liable due to the

reimbursement for the taxes referred to in the first sentence of

this subsection.

(FOOTNOTE 1) See Codification note below.

(b) For the purposes of this section, ''moving or storage

expenses'' means travel and transportation expenses (including

storage of household goods and personal effects under section 5724

of this title) and other relocation expenses under sections 5724a

and 5724c of this title.

-SOURCE-

(Added Pub. L. 98-151, Sec. 118(a)(7)(A)(i), Nov. 14, 1983, 97

Stat. 978; amended Pub. L. 98-473, title I, Sec. 120(b), Oct. 12,

1984, 98 Stat. 1969; Pub. L. 104-201, div. A, title XVII, Sec.

1723(b)(1), Sept. 23, 1996, 110 Stat. 2759.)

-COD-

CODIFICATION

Prior to amendment by Pub. L. 98-473, the words ''as the case may

be'' were preceded by ''the employee, or the employee and

spouse,''.

-MISC3-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201 substituted ''Under

regulations prescribed under section 5738 of this title'' for

''Under such regulations as the President may prescribe''.

1984 - Pub. L. 98-473 amended section generally, substituting

''reimbursement of substantially all of the Federal, State, and

local income taxes'' for ''reimbursement of all or part of the

Federal, State, and city income taxes'' and ''for which the

employee and spouse, as the case may be'' for ''for which the

employee, or the employee and spouse, as the case may be'' in

subsec. (a) and ''5724c'' for ''5726(c)'' in subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE; PROMULGATION OF REGULATIONS

Enactment by Pub. L. 98-151 and promulgation of regulations for

amendments by Pub. L. 98-151 effective Nov. 14, 1983, see section

118(c) of Pub. L. 98-151, set out as an Effective Date of 1983

Amendment; Promulgation of Regulations note under section 5724 of

this title.

FUNDING OF AMENDMENTS BY PUB. L. 98-151

Amendments by Pub. L. 98-151 to be carried out by agencies by use

of funds appropriated or otherwise available for administrative

expenses of such agencies, and do not authorize appropriation of

funds in amounts exceeding sums already authorized to be

appropriated for such agencies, see section 118(b) of Pub. L.

98-151, set out as a note under section 5724 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5724, 5737, 5738 of this

title.

-CITE-

5 USC Sec. 5724c 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5724c. Relocation services

-STATUTE-

Under regulations prescribed under section 5738 of this title,

each agency may enter into contracts to provide relocation services

to agencies and employees for the purpose of carrying out this

subchapter. An agency may pay a fee for such services. Such

services include arranging for the purchase of a transferred

employee's residence.

-SOURCE-

(Added Pub. L. 98-151, Sec. 118(a)(7)(A)(i), Nov. 14, 1983, 97

Stat. 978; amended Pub. L. 98-473, title I, Sec. 120(b), Oct. 12,

1984, 98 Stat. 1969; Pub. L. 104-201, div. A, title XVII, Sec.

1713(b), Sept. 23, 1996, 110 Stat. 2754.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201 amended section generally. Prior to

amendment, section read as follows: ''Under such regulations as the

President may prescribe, each agency is authorized to enter into

contracts to provide relocation services to agencies and employees

for the purpose of carrying out the provisions of this subchapter.

Such services include but need not be limited to arranging for the

purchase of a transferred employee's residence.''

1984 - Pub. L. 98-473 amended section generally, adding authority

of the President to prescribe regulations.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE; PROMULGATION OF REGULATIONS

Enactment by Pub. L. 98-151 and promulgation of regulations for

amendments by Pub. L. 98-151 effective Nov. 14, 1983, see section

118(c) of Pub. L. 98-151, set out as an Effective Date of 1983

Amendment; Promulgation of Regulations note under section 5724 of

this title.

FUNDING OF AMENDMENTS BY PUB. L. 98-151

Amendments by Pub. L. 98-151 to be carried out by agencies by use

of funds appropriated or otherwise available for administrative

expenses of such agencies, and do not authorize appropriation of

funds in amounts exceeding sums already authorized to be

appropriated for such agencies, see section 118(b) of Pub. L.

98-151, set out as a note under section 5724 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5724b, 5756 of this

title.

-CITE-

5 USC Sec. 5725 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5725. Transportation expenses; employees assigned to danger

areas

-STATUTE-

(a) When an employee of the Government is on duty, or is

transferred or assigned to duty, at a place designated by the head

of the agency concerned as inside a zone -

(1) from which his immediate family should be evacuated; or

(2) to which they are not permitted to accompany him;

because of military or other reasons which create imminent danger

to life or property, or adverse living conditions which seriously

affect the health, safety, or accommodations of the immediate

family, Government funds may be used to transport his immediate

family and household goods and personal effects, under regulations

prescribed by the head of the agency, to a location designated by

the employee. When circumstances prevent the employee from

designating a location, or it is administratively impracticable to

determine his intent, the immediate family may designate the

location. When the designated location is inside a zone to which

movement of families is prohibited under this subsection, the

employee or his immediate family may designate an alternate

location.

(b) When the employee is assigned to a duty station from which

his immediate family is not excluded by the restrictions in

subsection (a) of this section, Government funds may be used to

transport his immediate family and household goods and personal

effects from the designated or alternate location to the duty

station.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 503; Pub. L. 105-264, Sec.

6(6), Oct. 19, 1998, 112 Stat. 2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-1(d). Sept. 23, 1960, ch.

1010, Sec. 1(c), 64

Stat. 985.

-------------------------------

The word ''employee'' is substituted for ''civilian officers and

employees'' in view of the definition of ''employee'' in sections

5721 and 2105.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-264 substituted ''Government''

for ''United States'' in introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5724a of this title.

-CITE-

5 USC Sec. 5726 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5726. Storage expenses; household goods and personal effects

-STATUTE-

(a) For the purpose of subsection (b) of this section,

''household goods and personal effects'' means such personal

property of an employee and his dependents as authorized under

regulations prescribed under section 5738 of this title to be

transported or stored, including, in emergencies, motor vehicles

authorized to be shipped at Government expense.

(b) Under regulations prescribed under section 5738 of this

title, an employee, including a new appointee and a student trainee

to the extent authorized by sections 5722 and 5723 of this title,

assigned to a permanent duty station outside the continental United

States may be allowed storage expenses and related transportation

and other expenses for his household goods and personal effects

when -

(1) the duty station is one to which he cannot take or at which

he is unable to use his household goods and personal effects; or

(2) the head of the agency concerned authorizes storage of the

household goods and personal effects in the public interest or

for reasons of economy.

The weight of the household goods and personal effects stored under

this subsection, together with the weight of property transported

under section 5724(a), may not exceed 18,000 pounds net weight,

excluding a motor vehicle described by subsection (a) of this

section.

(c) Under regulations prescribed under section 5738 of this

title, when an employee, including a new appointee and a student

trainee to the extent authorized by section 5723 of this title, is

assigned to a permanent duty station at an isolated location in the

continental United States to which he cannot take or at which he is

unable to use his household goods and personal effects because of

the absence of residence quarters at the location, nontemporary

storage expenses or storage at Government expense in

Government-owned facilities (including related transportation and

other expenses), whichever is more economical, may be allowed the

employee under regulations prescribed by the head of the agency

concerned. The weight of property stored under this subsection,

together with the weight of property transported under sections

5723(a) and 5724(a) of this title, may not exceed the total maximum

weight the employee would be entitled to have moved. The period of

nontemporary storage under this subsection may not exceed 3 years.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 504; Pub. L. 90-83, Sec.

1(38), Sept. 11, 1967, 81 Stat. 205; Pub. L. 98-151, Sec.

118(a)(2), Nov. 14, 1983, 97 Stat. 977; Pub. L. 104-201, div. A,

title XVII, Sec. 1723(b)(1), (3), Sept. 23, 1996, 110 Stat. 2759.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-1(e). Sept. 6, 1960, Pub.

L. 86-707, Sec.

301(c)(2), (d) (as

applicable to the

Administrative

Expenses Act of

1946, as amended),

74 Stat. 796.

-------------------------------

The word ''employee'' is substituted for ''civilian officer or

employee'' in view of the definition of ''employee'' in sections

5721 and 2105.

In subsection (b), the words ''including a new appointee and a

student trainee to the extent authorized by sections 5722 and 5723

of this title'' are substituted for ''including any new appointee

in accordance with section 73b-3 of this title'' for clarity and

reflect the codification of former section 73b-3 in this title.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5726(c) 5 App.: 73b-4c. July 21, 1966, Pub.

L. 89-516, Sec. 2

''Sec. 25'', 80

Stat. 324.

-------------------------------

The amendment of subsection (a) of 5 U.S.C. 5726 reflects the

addition of a new subsection (c).

Subsection (b) of 5 U.S.C. 5726 was derived from subsection (e)

of section 1 of the Administrative Expenses Act of 1946, as amended

(74 Stat. 796). In the codification of subsection (e), the words

''7,000 pounds net weight'' were substituted for ''the maximum

weight limitation provided by subsection (a)''. During the pendency

of the codification bill, section 1(a)(2) of Public Law 89-516,

amended subsection (a) of section 1 of the Administrative Expenses

Act of 1946 to increase the maximum weight limitation from 7,000 to

11,000 pounds. Thus, the amendment of subsection (b) is necessary

to reflect the current weight limitation applicable.

In subsection (c), the word ''employee'' is substituted for

''civilian officer or employee'' to conform to the definitions in 5

U.S.C. 5721(2) and 2105. The words ''including a new appointee and

a student trainee to the extent authorized by section 5723 of this

title'' are substituted for ''including any new appointee in

accordance with section 7(b) of this Act, as amended'' for clarity

and to reflect the codification of section 7(b) in 5 U.S.C. 5723.

The words ''continental United States'' are coextensive with and

substituted for ''continental United States, excluding Alaska'' on

authority of the definition of ''continental United States'' in 5

U.S.C. 5721(3). The words ''head of the agency concerned'' are

substituted for ''head of the Executive Department or agency

concerned'' to conform to the definition in 5 U.S.C. 5721(1). In

the penultimate sentence, the words ''sections 5723(a) and 5724(a)

of this title'' are substituted for ''section 1 or 7(b) of this

Act'' to reflect the codification of sections 1 and 7(b) in 5

U.S.C. 5723(a) and 5724(a); and the word ''officer'' is omitted as

included in ''employee''. In the last sentence, the words ''under

this subsection'' are inserted for clarity.

Subsection (b) of section 25 of the Administrative Expenses Act

of 1946 (added by section 2 of Public Law 89-516) is omitted as

executed.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1723(b)(3), substituted

''as authorized under regulations prescribed under section 5738 of

this title'' for ''as the President may by regulation authorize''.

Subsecs. (b), (c). Pub. L. 104-201, Sec. 1723(b)(1), substituted

''Under regulations prescribed under section 5738 of this title''

for ''Under such regulations as the President may prescribe''.

1983 - Subsec. (b). Pub. L. 98-151 substituted ''18,000'' for

''11,000''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT; PROMULGATION OF REGULATIONS

Amendment by Pub. L. 98-151 and promulgation of regulations for

amendments by Pub. L. 98-151 effective Nov. 14, 1983, see section

118(c) of Pub. L. 98-151, set out as a note under section 5724 of

this title.

FUNDING OF AMENDMENTS BY PUB. L. 98-151

Amendments by Pub. L. 98-151 to be carried out by agencies by use

of funds appropriated or otherwise available for administrative

expenses of such agencies, and do not authorize appropriation of

funds in amounts exceeding sums already authorized to be

appropriated for such agencies, see section 118(b) of Pub. L.

98-151, set out as a note under section 5724 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3735, 5724, 5724a, 5737

of this title; title 26 section 912; title 42 sections 290aa,

299c-5.

-CITE-

5 USC Sec. 5727 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5727. Transportation of motor vehicles

-STATUTE-

(a) Except as specifically authorized by statute, an

authorization in a statute or regulation to transport the effects

of an employee or other individual at Government expense is not an

authorization to transport an automobile.

(b) Under regulations prescribed under section 5738 of this

title, the privately owned motor vehicle of an employee, including

a new appointee and a student trainee to the extent authorized by

sections 5722 and 5723 of this title, may be transported at

Government expense to, from, and between the continental United

States and a post of duty outside the continental United States, or

between posts of duty outside the continental United States, when -

(1) the employee is assigned to the post of duty for other than

temporary duty; and

(2) the head of the agency concerned determines that it is in

the interest of the Government for the employee to have the use

of a motor vehicle at the post of duty.

(c) Under regulations prescribed under section 5738 of this

title, the privately owned motor vehicle or vehicles of an

employee, including a new appointee or a student trainee for whom

travel and transportation expenses are authorized under section

5723 of this title, may be transported at Government expense to a

new official station of the employee when the agency determines

that such transport is advantageous and cost-effective to the

Government.

(d) An employee may transport only one motor vehicle under

subsection (b) of this section during a 4-year period, except when

the head of the agency concerned determines that replacement of the

motor vehicle during the period is necessary for reasons beyond the

control of the employee and is in the interest of the Government,

and authorizes in advance the transportation under subsection (b)

of this section of one additional privately owned motor vehicle as

a replacement. When an employee has remained in continuous service

outside the continental United States during the 4-year period

after the date of transportation under subsection (b) of this

section of his motor vehicle, the head of the agency concerned may

authorize transportation under subsection (b) of this section of a

replacement for that motor vehicle.

(e) When the head of an agency authorizes transportation under

subsection (b) or (c) of this section of a privately owned motor

vehicle, the transportation may be by -

(1) commercial means, if available at reasonable rates and

under reasonable conditions; or

(2) Government means on a space-available basis.

(f)(1) This section, except subsection (a), does not apply to -

(A) the Foreign Service of the United States; or

(B) the Central Intelligence Agency.

(2) This section, except subsection (a), does not affect section

403e(4) of title 50.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 504; Pub. L. 96-465, title

II, Sec. 2314(e), Oct. 17, 1980, 94 Stat. 2168; Pub. L. 104-201,

div. A, title XVII, Sec. 1715(a), 1723(b)(1), Sept. 23, 1996, 110

Stat. 2755, 2759; Pub. L. 105-264, Sec. 6(7), Oct. 19, 1998, 112

Stat. 2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 73c. June 30, 1932, ch.

314, Sec. 209, 47

Stat. 405. Apr. 30,

1940, ch. 172, 54

Stat. 174.

Aug. 13, 1946, ch.

957, Sec. 1131(64),

60 Stat. Stat.

1040.

(b)-(e) 5 U.S.C. 73b-1(f). Sept. 6, 1960, Pub.

L. 86-707, Sec.

321, 74 Stat. 797.

Feb. 5, 1964, Pub.

L. 88-266, 78 Stat.

8.

-------------------------------

In subsection (a), the proviso in former section 73c is omitted

as superseded by section 2634 of title 10, and by former section

73b-1(f), which is carried into subsections (b)-(e).

In subsection (b), the words ''including a new appointee and a

student trainee to the extent authorized by sections 5722 and 5723

of this title'' are substituted for ''including any new appointee,

in accordance with section 73b-3 of this title'' for clarity and

reflect the codification of former section 73b-3 in this title.

The words ''at Government expense'' are inserted for clarity.

The last sentence of subsection (f) of former section 73b-1 which

provided that for the purposes of that subsection and subsection

(e), which is carried into section 5726, Alaska shall be considered

to be outside the continental limits of the United States is

omitted as unnecessary in view of the definition of ''continental

United States'' in section 5721(4).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-264 substituted ''continental

United States'' for ''United States''.

1996 - Subsec. (b). Pub. L. 104-201, Sec. 1723(b)(1), in

introductory provisions, substituted ''Under regulations prescribed

under section 5738 of this title'' for ''Under such regulations as

the President may prescribe''.

Subsec. (c). Pub. L. 104-201, Sec. 1715(a)(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104-201, Sec. 1715(a)(1), redesignated

subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 104-201, Sec. 1715(a)(3), inserted ''or

(c)'' after ''subsection (b)''.

Pub. L. 104-201, Sec. 1715(a)(1), redesignated subsec. (d) as

(e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 104-201, Sec. 1715(a)(1), redesignated

subsec. (e) as (f).

1980 - Subsec. (e)(2). Pub. L. 96-465 substituted ''section

403e(4) of title 50'' for ''(A) section 1138 of title 22; or'' and

struck out ''(B) section 403e(4) of title 50''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5722, 5723, 5724, 5724a,

5737 of this title; title 26 section 912.

-CITE-

5 USC Sec. 5728 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5728. Travel and transportation expenses; vacation leave

-STATUTE-

(a) Under regulations prescribed under section 5738 of this

title, an agency shall pay from its appropriations the expenses of

round-trip travel of an employee, and the transportation of his

immediate family, but not household goods, from his post of duty

outside the continental United States, Alaska, and Hawaii to the

place of his actual residence at the time of appointment or

transfer to the post of duty, after he has satisfactorily completed

an agreed period of service outside the continental United States,

Alaska, and Hawaii and is returning to his actual place of

residence to take leave before serving another tour of duty at the

same or another post of duty outside the continental United States,

Alaska, and Hawaii under a new written agreement made before

departing from the post of duty.

(b) Under regulations prescribed under section 5738 of this

title, an agency shall pay from its appropriations the expenses of

round-trip travel of an employee of the Government appointed by the

President, by and with the advice and consent of the Senate, for a

term fixed by statute, and of transportation of his immediate

family, but not household goods, from his post of duty outside the

continental United States, Alaska, and Hawaii to the place of his

actual residence at the time of appointment to the post of duty,

after he has satisfactorily completed each 2 years of service

outside the continental United States, Alaska, and Hawaii and is

returning to his actual place of residence to take leave before

serving at least 2 more years of duty outside the continental

United States, Alaska, and Hawaii.

(c)(1) Under regulations prescribed under section 5738 of this

title, an agency may pay, subject to paragraph (3) of this

subsection, the expenses described in paragraph (2) of this

subsection in any case in which the head of the agency determines

that the payment of such expenses is necessary for the purpose of

recruiting or retaining an employee for service of a tour of duty

at a post of duty in Alaska or Hawaii.

(2) The expenses payable under paragraph (1) of this subsection

are the expenses of round-trip travel of an employee, and the

transportation of his immediate family, but not household goods,

from his post of duty in Alaska or Hawaii to the place of his

actual residence at the time of appointment or transfer to the post

of duty, incurred after he has satisfactorily completed an agreed

period of service in Alaska or Hawaii and in returning to his

actual place of residence to take leave before serving another tour

of duty at the same or another post of duty in Alaska or Hawaii

under a new written agreement made before departing from the post

of duty.

(3) The payment of expenses of any employee and the

transportation of his family under paragraph (1) of this subsection

is limited to the expenses of travel and transportation incurred

for not more than two round trips commenced within 5 years after

the date the employee first commences any period of consecutive

tours of duty in Alaska or Hawaii.

(d) This section does not apply to appropriations for the Foreign

Service of the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 505; Pub. L. 97-253, title

III, Sec. 351(a), (b), Sept. 8, 1982, 96 Stat. 800; Pub. L.

104-201, div. A, title XVII, Sec. 1723(b)(1), Sept. 23, 1996, 110

Stat. 2759; Pub. L. 105-264, Sec. 6(8), Oct. 19, 1998, 112 Stat.

2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 73b-3(a) Aug. 31, 1954, ch.

(3d proviso). 1155 (1st proviso),

68 Stat. 1008.

(b) 5 U.S.C. 73b-3(a) Sept. 2, 1958, Pub.

(4th proviso). L. 85-858, 72 Stat.

1274.

-------------------------------

The first 14 words of subsections (a) and (b), and subsection

(c), are added on authority of former section 73b-3(a) (less 3d-6th

provisos), which is carried into section 5722.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-264 substituted ''an employee of

the Government'' for ''an employee of the United States''.

1996 - Subsecs. (a) to (c)(1). Pub. L. 104-201, Sec. 1723(b)(1),

substituted ''Under regulations prescribed under section 5738 of

this title'' for ''Under such regulations as the President may

prescribe''.

1982 - Subsecs. (a), (b). Pub. L. 97-253, Sec. 351(a), inserted

'', Alaska, and Hawaii'' after ''continental United States''

wherever appearing.

Subsecs. (c), (d). Pub. L. 97-253, Sec. 351(b), added subsec. (c)

and redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 351(c), (d) of Pub. L. 97-253, as amended by Pub. L.

97-346, Sec. 3(m), Oct. 15, 1982, 96 Stat. 1649, provided that:

''(c)(1) Except as provided in paragraph (2), the amendments made

by subsection (a) (amending this section) shall take effect with

respect to expenses incurred after the date of enactment of this

Act (Sept. 8, 1982) for round-trip travel (commenced after such

date) of an employee or transportation of his immediate family from

his post of duty to the place of his actual residence at the time

of appointment or transfer to the post of duty.

''(2) The amendments made by this section (amending this section)

shall not apply to any employee who is serving a tour of duty at a

post of duty in Alaska or Hawaii on the date of the enactment of

this Act (Sept. 8, 1982) during -

''(A) such tour of duty, and

''(B) any other consecutive tour of duty following such tour of

duty.

''(d) For the purposes of subsection (c), the term 'employee'

shall have the same meaning as provided in section 5721(2) of title

5, United States Code.''

-CITE-

5 USC Sec. 5729 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5729. Transportation expenses; prior return of family

-STATUTE-

(a) Under regulations prescribed under section 5738 of this

title, an agency shall pay from its appropriations, not more than

once before the return to the United States of an employee whose

post of duty is outside the continental United States, the expenses

of transporting his immediate family and of shipping his household

goods and personal effects from his post of duty to his actual

place of residence when -

(1) he has acquired eligibility for that transportation; or

(2) the public interest requires the return of the immediate

family for compelling personal reasons of a humanitarian or

compassionate nature, such as may involve physical or mental

health, death of a member of the immediate family, or obligation

imposed by authority or circumstances over which the individual

has no control.

(b) Under regulations prescribed under section 5738 of this

title, an agency shall reimburse from its appropriations an

employee whose post of duty is outside the continental United

States for the proper transportation expenses of returning his

immediate family and his household goods and personal effects to

the United States, when -

(1) their return was made at the expense of the employee before

his return and for other than reasons of public interest; and

(2) he acquires eligibility for those transportation expenses.

(c) This section does not apply to appropriations for the Foreign

Service of the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 505; Pub. L. 104-201,

div. A, title XVII, Sec. 1723(b)(1), Sept. 23, 1996, 110 Stat.

2759; Pub. L. 105-264, Sec. 6(9), Oct. 19, 1998, 112 Stat. 2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-3(a) Aug. 31, 1954, ch.

(5th and 6th 1155 (less 1st

provisos). proviso), 68 Stat.

1008.

-------------------------------

The first 14 words of subsections (a) and (b), and subsection

(c), are added on authority of former section 73b-3(a) (less 3d-6th

provisos), which is carried into section 5722. The words

''household effects'' and ''household goods'' in the 5th and 6th

provisos of former section 73b-3(a) are changed to ''household

goods and personal effects'' for clarity and consistency in the use

of the words elsewhere in this subchapter.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsecs. (a), (b). Pub. L. 105-264 struck out ''or its

territories or possessions'' after ''to the United States''.

1996 - Subsecs. (a), (b). Pub. L. 104-201 substituted ''Under

regulations prescribed under section 5738 of this title'' for

''Under such regulations as the President may prescribe''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

-CITE-

5 USC Sec. 5730 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5730. Funds available

-STATUTE-

Funds available for travel expenses of an employee are available

for expenses of transportation of his immediate family, and funds

available for transportation of things are available for

transportation of household goods and personal effects, as

authorized by this subchapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-1(c). Aug. 2, 1946, ch.

744, Sec. 1(c). 60

Stat. 807.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5731 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5731. Expenses limited to lowest first-class rate

-STATUTE-

(a) The allowance for actual expenses for transportation may not

exceed the lowest first-class rate by the transportation facility

used unless it is certified, in accordance with regulations

prescribed under section 5738 of this title, that -

(1) lowest first-class accommodations are not available; or

(2) use of a compartment or other accommodation authorized or

approved by the head of the agency concerned or his designee is

required for security purposes.

(b) Instead of the maximum fixed by subsection (a) of this

section, the allowance to an employee of the Government for actual

expenses for transportation on an inter-island steamship in Hawaii

may not exceed the rate for accommodations on the steamship that is

equivalent as nearly as possible to the rate for the lowest

first-class accommodations on trans-pacific steamships.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506; Pub. L. 104-201,

div. A, title XVII, Sec. 1723(b)(4), Sept. 23, 1996, 110 Stat.

2759; Pub. L. 105-264, Sec. 6(10), Oct. 19, 1998, 112 Stat. 2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 73b. Mar. 3, 1933, ch.

212, Sec. 10, 47

Stat. 1516.

Aug. 2, 1946, ch.

744, Sec. 6, 60

Stat. 808.

(b) 5 U.S.C. 73e. May 28, 1938, ch.

289, Sec. 811, 52

Stat. 577.

-------------------------------

In subsection (a), the words ''by or under authority of law'' are

omitted as surplusage.

In subsection (b), the words ''by or under authority of law'' are

omitted as surplusage. The words ''after the date of the enactment

of this Act'' are omitted as obsolete.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-264 substituted ''Government''

for ''United States''.

1996 - Subsec. (a). Pub. L. 104-201 substituted ''in accordance

with regulations prescribed under section 5738 of this title'' for

''in accordance with regulations prescribed by the President''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 476; title 16

sections 916l, 961, 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727;

title 22 sections 287e, 287r, 2024; title 42 sections 2477, 4277;

title 50 section 403e.

-CITE-

5 USC Sec. 5732 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5732. General average contribution; payment or reimbursement

-STATUTE-

Under such regulations as the President may prescribe,

appropriations chargeable for the transportation of baggage and

household goods and personal effects of employees of the

Government, volunteers as defined by section 8142(a) of this title,

and members of the uniformed services are available for the payment

or reimbursement of general average contributions required.

Appropriations are not available for the payment or reimbursement

of general average contributions -

(1) required in connection with and applicable to quantities of

baggage and household goods and personal effects in excess of

quantities authorized by statute or regulation to be transported;

(2) when the individual concerned is allowed under statute or

regulation a commutation instead of actual transportation

expenses; or

(3) when the individual concerned selected the means of

shipment.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506; Pub. L. 105-264, Sec.

6(11), Oct. 19, 1998, 112 Stat. 2356.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 73b-5. June 4, 1954, ch.

264, Sec. 4, 68

Stat. 176.

22 U.S.C. 2504(h) Dec. 13, 1963, Pub.

(as applicable to 5 L. 88-200, Sec.

U.S.C. 73b-5). 2(e) (as applicable

to the Act of June

4, 1954, ch. 264,

Sec. 4 (5 U.S.C.

73b-5)), 77 Stat.

360.

-------------------------------

The word ''personal'' is added before the word ''effects'' for

clarity and to preserve consistency throughout this subchapter.

The words ''employees of the United States . . . and members of the

uniformed services'' are substituted for ''military personnel and

civilian employees of departments and agencies of the Federal

Government''. The words ''a volunteer as defined by section 8142(a)

of this title'' are based on sections 2504(a), 2505, and 2507 (a)

of title 22. The words ''pursuant to law'' are omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Pub. L. 105-264 substituted ''Government'' for ''United

States'' in introductory provisions.

-EXEC-

EX. ORD. NO. 10614. PAYMENT OF GENERAL-AVERAGE CONTRIBUTIONS IN

CONNECTION WITH TRANSPORTATION OF EFFECTS

Ex. Ord. No. 10614, May 25, 1955, 20 F.R. 3699, provided:

Section 1. Definitions. As used in these regulations:

(a) The term ''military personnel'' means members and former and

deceased members of the uniformed services as defined in section

102 of the Career Compensation Act of 1949 (63 Stat. 804) (37

U.S.C. 101).

(b) The term ''civilian employees'' means civilian officers and

employees of a department, including Foreign Service personnel, and

former and deceased civilian officers and employees.

(c) The terms ''military personnel'' and ''civilian employees''

shall also include those individuals enumerated under the term

''person'' as defined in section 1 of the Missing Persons Act, as

amended (now section 5561 of this title).

(d) The term ''department'' means an executive department,

independent establishment, or other agency of the Federal

Government, including wholly-owned or controlled Government

corporations.

(e) The term ''general-average contribution'' means the

contribution by all parties to a sea venture (1) to make good the

loss sustained by any one of their number on account of voluntary

sacrifices made of part of the ship or cargo to save the residue or

the lives of those on board from impending peril, or (2) for

extraordinary expenses necessarily incurred for the common benefit

and safety of all.

(f) The term ''household goods'' means such baggage, household

goods, and effects, including privately-owned automobiles and

professional books, papers, and equipment, of military personnel

and civilian employees as are authorized to be transported at

Government expense by law or regulations pursuant to law.

Sec. 2. Allowance of general-average contributions. Whenever

military personnel or civilian employees of a department are liable

for general-average contributions arising out of shipments of

household goods (as defined in section 1 (f) hereof), authorized or

approved under law or regulations pursuant to law, disbursements

shall be made, under rules and regulations prescribed by the head

of the department concerned, from appropriations chargeable for the

transportation of baggage and household goods and effects (a) for

the payment of the general-average contributions for which such

military personnel or civilian employees are liable, or (b) for the

reimbursement of such military personnel or civilian employees in

the amounts of their general-average liability paid by them and for

which receipts are furnished, subject to the limitations set forth

in section 3 hereof.

Sec. 3. Limitations. The provisions of section 2 hereof shall not

apply:

(a) In case the shipment of household goods is made under law or

regulation pursuant to law which provides for reimbursement to the

military person or civilian employee concerned on a commuted basis

in lieu of payment by the Government of the actual costs of the

shipment; or

(b) In case the military person or civilian employee concerned

has himself selected the means of shipment; or

(c) To quantities of household goods (excluding automobiles)

shipped in excess of quantities authorized to be transported by law

or regulation pursuant to law. In any case of such excess

shipment, the liability of the Government for the employee's

general-average contribution shall not exceed the proportion that

the applicable limitation, by weight or volume, bears to the total

quantity, by weight or volume, of the household goods shipped.

Sec. 4. Effective date. This order shall be effective in any

case in which the loss involved occurs, or has occurred, on or

after June 4, 1954. Dwight D. Eisenhower.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1701h; title 22

section 2504.

-CITE-

5 USC Sec. 5733 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5733. Expeditious travel

-STATUTE-

The travel of an employee shall be by the most expeditious means

of transportation practicable and shall be commensurate with the

nature and purpose of the duties of the employee requiring such

travel.

-SOURCE-

(Added Pub. L. 90-206, title II, Sec. 222(c)(1), Dec. 16, 1967, 81

Stat. 641.)

-MISC1-

EFFECTIVE DATE

Section effective thirty days after Dec. 16, 1967, see section

220(a)(4) of Pub. L. 90-206, set out as an Effective Date of 1967

Amendment note under section 5542 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 2443.

-CITE-

5 USC Sec. 5734 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5734. Travel, transportation, and relocation expenses of

employees transferred from the Postal Service

-STATUTE-

Notwithstanding the provisions of any other law, officers and

employees of the United States Postal Service promoted or

transferred under section 1006 of title 39, United States Code,

from the Postal Service to an agency (as defined in section 5721 of

this title), for permanent duty may be authorized travel,

transportation, and relocation expenses and allowances under the

same conditions and to the same extent authorized by this

subchapter for other transferred employees within the meaning of

this chapter.

-SOURCE-

(Added Pub. L. 99-234, title I, Sec. 106(a), Jan. 2, 1986, 99 Stat.

1758.)

-MISC1-

EFFECTIVE DATE

Section effective (1) on effective date of regulations to be

promulgated not later than 150 days after Jan. 2, 1986, or (2) 180

days after Jan. 2, 1986, whichever occurs first, see section 301(a)

of Pub. L. 99-234, set out as an Effective Date of 1986 Amendment

note under section 5701 of this title.

-CITE-

5 USC Sec. 5735 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5735. Travel, transportation, and relocation expenses of

employees transferring to the United States Postal Service

-STATUTE-

(a) In General. - Notwithstanding any other provision of law,

employees of the Department of Defense described in subsection (b)

may be authorized travel, transportation, and relocation expenses

and allowances in connection with appointments referred to in such

subsection under the same conditions and to the same extent

authorized by this subchapter for transferred employees.

(b) Covered Employees. - Subsection (a) applies to any employee

of the Department of Defense who -

(1) is scheduled for separation from the Department, other than

for cause;

(2) is selected for appointment to a continuing position with

the United States Postal Service; and

(3) accepts the appointment.

-SOURCE-

(Added Pub. L. 103-337, div. A, title III, Sec. 345(a)(1), Oct. 5,

1994, 108 Stat. 2723.)

-MISC1-

EFFECTIVE DATE

Section 345(b) of Pub. L. 103-337 provided that: ''The amendments

made by subsection (a) (enacting this section) shall apply to

persons separated from employment with the Department of Defense on

or after the date of the enactment of this Act (Oct. 5, 1994).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5738 of this title.

-CITE-

5 USC Sec. 5736 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5736. Travel, transportation, and relocation expenses of

certain nonappropriated fund employees

-STATUTE-

An employee of a nonappropriated fund instrumentality of the

Department of Defense or the Coast Guard described in section

2105(c) of this title who moves, without a break in service of more

than 3 days, to a position in the Department of Defense or the

Coast Guard, respectively, may be authorized travel,

transportation, and relocation expenses and allowances under the

same conditions and to the same extent authorized by this

subchapter for transferred employees.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XVI, Sec. 1605(a)(1), Sept.

23, 1996, 110 Stat. 2736.)

-MISC1-

EFFECTIVE DATE

Section 1605(b) of Pub. L. 104-201 provided that: ''Section 5736

of title 5, United States Code (as added by subsection (a)(1)),

shall apply to moves between positions as described in such section

that are effective on or after October 1, 1996.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

5 USC Sec. 5737 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5737. Relocation expenses of an employee who is performing an

extended assignment

-STATUTE-

(a) Under regulations prescribed under section 5738 of this

title, an agency may pay to or on behalf of an employee assigned

from the employee's official station to a duty station for a period

of not less than six months and not greater than 30 months, the

following expenses in lieu of payment of expenses authorized under

subchapter I of this chapter:

(1) Travel expenses to and from the assignment location in

accordance with section 5724 of this title.

(2) Transportation expenses of the immediate family and

household goods and personal effects to and from the assignment

location in accordance with section 5724 of this title.

(3) A per diem allowance for en route travel of the employee's

immediate family to and from the assignment location in

accordance with section 5724a(a) of this title.

(4) Travel and transportation expenses of the employee and

spouse to seek new residence quarters at the assignment location

in accordance with section 5724a(b) of this title.

(5) Subsistence expenses of the employee and the employee's

immediate family while occupying temporary quarters upon

commencement and termination of the assignment in accordance with

section 5724a(c) of this title.

(6) An amount, in accordance with section 5724a(f), to be used

by the employee for miscellaneous expenses of this title.

(FOOTNOTE 1)

(FOOTNOTE 1) So in original.

(7) The expenses of transporting a privately owned motor

vehicle or vehicles to the assignment location in accordance with

section 5727 of this title.

(8) An allowance as authorized under section 5724b of this

title for Federal, State, and local income taxes incurred on

reimbursement of expenses paid under this section or on services

provided in kind under this section.

(9) Expenses of nontemporary storage of household goods and

personal effects as defined in section 5726(a) of this title,

subject to the limitation that the weight of the household goods

and personal effects stored, together with the weight of property

transported under section 5724(a) of this title, may not exceed

the total maximum weight which could be transported in accordance

with section 5724(a) of this title.

(10) Expenses of property management services.

(b) An agency shall not make payment under this section to or on

behalf of the employee for expenses incurred after termination of

the temporary assignment.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XVII, Sec. 1716, Sept. 23,

1996, 110 Stat. 2756.)

-MISC1-

EFFECTIVE DATE

Section effective 180 days after Sept. 23, 1996, see section

1725(a) of Pub. L. 104-201, set out as an Effective Date of 1996

Amendment note under section 5722 of this title.

-CITE-

5 USC Sec. 5738 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5738. Regulations

-STATUTE-

(a)(1) Except as specifically provided in this subchapter, the

Administrator of General Services shall prescribe regulations

necessary for the administration of this subchapter.

(2) The Administrator of General Services shall include in the

regulations authority for the head of an agency or his designee to

waive any limitation of this subchapter or in any implementing

regulation for any employee relocating to or from a remote or

isolated location who would suffer hardship if the limitation were

not waived. A waiver of a limitation under authority provided in

the regulations pursuant to this paragraph shall be effective

notwithstanding any other provision of this subchapter.

(b) In prescribing regulations for the implementation of section

5724b of this title, the Administrator of General Services shall

consult with the Secretary of the Treasury.

(c) The Secretary of Defense shall prescribe regulations

necessary for the implementation of section 5735 of this title.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XVII, Sec. 1722, Sept. 23,

1996, 110 Stat. 2758.)

-MISC1-

EFFECTIVE DATE

Section effective 180 days after Sept. 23, 1996, see section

1725(a) of Pub. L. 104-201, set out as an Effective Date of 1996

Amendment note under section 5722 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5722, 5723, 5724, 5724a,

5724b, 5724c, 5726, 5727, 5728, 5729, 5731, 5737 of this title.

-CITE-

5 USC Sec. 5739 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,

STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

-HEAD-

Sec. 5739. Authority for relocation expenses test programs

-STATUTE-

(a)(1) Notwithstanding any other provision of this subchapter,

under a test program which the Administrator of General Services

determines to be in the interest of the Government and approves, an

agency may pay through the proper disbursing official for a period

not to exceed 24 months any necessary relocation expenses in lieu

of any payment otherwise authorized or required under this

subchapter. An agency shall include in any request to the

Administrator for approval of such a test program an analysis of

the expected costs and benefits and a set of criteria for

evaluating the effectiveness of the program.

(2) Any test program conducted under this section shall be

designed to enhance cost savings or other efficiencies that accrue

to the Government.

(3) Nothing in this section is intended to limit the authority of

any agency to conduct test programs.

(b) The Administrator shall transmit a copy of any test program

approved by the Administrator under this section to the appropriate

committees of the Congress at least 30 days before the effective

date of the program.

(c) An agency authorized to conduct a test program under

subsection (a) shall provide to the Administrator and the

appropriate committees of the Congress a report on the results of

the program no later than 3 months after completion of the program.

(d) No more than 10 test programs under this section may be

conducted simultaneously.

(e) The authority to conduct test programs under this section

shall expire 7 years after the date of the enactment of the Travel

and Transportation Reform Act of 1998.

-SOURCE-

(Added Pub. L. 105-264, Sec. 5(b), Oct. 19, 1998, 112 Stat. 2355.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Travel and Transportation Reform

Act of 1998, referred to in subsec. (e), is the date of enactment

of Pub. L. 105-264, which was approved Oct. 19, 1998.

-CITE-

5 USC SUBCHAPTER III - TRANSPORTATION OF REMAINS,

DEPENDENTS, AND EFFECTS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER III - TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

.

-HEAD-

SUBCHAPTER III - TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

-CITE-

5 USC Sec. 5741 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER III - TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

-HEAD-

Sec. 5741. General prohibition

-STATUTE-

Except as specifically authorized by statute, the head of an

Executive department or military department may not authorize an

expenditure in connection with the transportation of remains of a

deceased employee.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 103. June 7, 1897, ch. 3,

Sec. 1 (last

proviso on p. 86),

30 Stat. 86.

-------------------------------

The words ''a military department'' are inserted to preserve the

application of the source law. Before enactment of the National

Security Act Amendments of 1949 (63 Stat. 578), the Department of

the Army, the Department of the Navy, and the Department of the Air

Force were Executive departments. The National Security Act

Amendments of 1949 established the Department of Defense as an

Executive Department including the Department of the Army, the

Department of the Navy, and the Department of the Air Force as

military departments, not as Executive departments. However, the

source law for this section, which was in effect in 1949, remained

applicable to the Secretaries of the military departments by virtue

of section 12(g) of the National Security Act Amendments of 1949

(63 Stat. 591), which is set out in the reviser's note for section

301.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5742 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER III - TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

-HEAD-

Sec. 5742. Transportation of remains, dependents, and effects;

death occurring away from official station or abroad

-STATUTE-

(a) For the purpose of this section, ''agency'' means -

(1) an Executive agency;

(2) a military department;

(3) an agency in the legislative branch; and

(4) an agency in the judicial branch.

(b) When an employee dies, the head of the agency concerned,

under regulations prescribed by the President and, except as

otherwise provided by law, may pay from appropriations available

for the activity in which the employee was engaged -

(1) the expense of preparing and transporting the remains to

the home or official station of the employee, or such other place

appropriate for interment as is determined by the head of the

agency concerned, if death occurred while the employee was in a

travel status away from his official station in the United States

or while performing official duties outside the continental

United States or in transit thereto or therefrom;

(2) the expense of transporting his dependents, including

expenses of packing, crating, draying, and transporting household

effects and other personal property to his former home or such

other place as is determined by the head of the agency concerned,

if death occurred while the employee was performing official

duties outside the continental United States or in transit

thereto or therefrom; and

(3) the travel expenses of not more than 2 persons to escort

the remains of a deceased employee, if death occurred while the

employee was in travel status away from his official station in

the United States or while performing official duties outside the

United States or in transit thereto or therefrom, from the place

of death to the home or official station of such person, or such

other place appropriate for interment as is determined by the

head of the agency concerned.

(c) When a dependent of an employee dies while residing with the

employee performing official duties outside the continental United

States or in Alaska or in transit thereto or therefrom, the head of

the agency concerned may pay the necessary expenses of transporting

the remains to the home of the dependent, or such other place

appropriate for interment as is determined by the head of the

agency concerned. If practicable, the agency concerned in respect

of the deceased may furnish mortuary services and supplies on a

reimbursable basis when -

(1) local commercial mortuary facilities and supplies are not

available; or

(2) the cost of available mortuary facilities and supplies are

prohibitive in the opinion of the head of the agency.

Reimbursement for the cost of mortuary services and supplies

furnished under this subsection shall be collected and credited to

current appropriations available for the payment of these costs.

(d) The benefits of this section may not be denied because the

deceased was temporarily absent from duty when death occurred.

(e) Employees covered by this section include an employee who has

been reassigned away from the employee's home of record pursuant to

a mandatory mobility agreement executed as a condition of

employment.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 507; Pub. L. 101-510,

div. A, title XII, Sec. 1206(d), Nov. 5, 1990, 104 Stat. 1661;

Pub. L. 105-277, div. A, Sec. 101(d) (title V, Sec. 589(b)), Oct.

21, 1998, 112 Stat. 2681-150, 2681-210.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a)-(c) 5 U.S.C. 103a. July 8, 1940, ch.

551, Sec. 1, 54

Stat. 743. July 15,

1954, ch. 507, Sec.

7(b), 68 Stat. 479.

(d) 5 U.S.C. 103b. July 8, 1940, ch.

551, Sec. 2, 54

Stat. 744.

-------------------------------

Subsection (a) is based on the words ''department, independent

establishment, agency, or federally owned or controlled

corporation, hereinafter called department'' in former section

103a. The terms ''Executive agency'' and ''military department''

include a department, independent establishment, agency, or

federally owned or controlled corporation in the executive branch

because of the definitions in sections 105 and 102.

The words ''a military department'' are included to preserve the

application of the source law. Before enactment of the National

Security Act Amendments of 1949 (63 Stat. 578), the Department of

the Army, the Department of the Navy, and the Department of the Air

Force were Executive departments. The National Security Act

Amendments of 1949 established the Department of Defense as an

Executive Department including the Department of the Army, the

Department of the Navy, and the Department of the Air Force, as

military departments, not as Executive departments. However, the

source law for this section, which was in effect in 1949, remained

applicable to the Secretaries of the military departments by virtue

of section 12(g) of the National Security Act Amendments of 1949

(63 Stat. 591), which is set out in the reviser's note for section

301.

Subsection (b) is restated for clarity and conciseness and to

eliminate redundancy. In paragraphs (1) and (2), the words

''outside the United States'' are coextensive with and substituted

for ''in a Territory or possession of the United States or in a

foreign country''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-277 added par. (3).

1990 - Subsec. (b)(1), (2). Pub. L. 101-510, Sec. 1206(d)(1),

inserted ''continental'' after ''outside the''.

Subsec. (e). Pub. L. 101-510, Sec. 1206(d)(2), added subsec. (e).

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (b) of this section to

prescribe regulations with respect to payment of expenses when an

employee dies delegated to Administrator of General Services, see

section 1(13) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747,

set out as a note under section 301 of Title 3, The President.

Authority of President under subsec. (e) of this section

delegated to Office of Personnel Management by section 6(b) of Ex.

Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set

out as a note under section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3375 of this title; title

10 section 1482a.

-CITE-

5 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-563, Sec. 4(a), Dec. 19, 1970, 84 Stat. 1477,

added heading of Subchapter IV.

-CITE-

5 USC Sec. 5751 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5751. Travel expenses of witnesses

-STATUTE-

(a) Under such regulations as the Attorney General may prescribe,

an employee as defined by section 2105 of this title (except an

individual whose pay is disbursed by the Secretary of the Senate or

the Chief Administrative Officer of the House of Representatives)

summoned, or assigned by his agency, to testify or produce official

records on behalf of the United States is entitled to travel

expenses under subchapter I of this chapter. If the case involves

the activity in connection with which he is employed, the travel

expenses are paid from the appropriation otherwise available for

travel expenses of the employee under proper certification by a

certifying official of the agency concerned. If the case does not

involve its activity, the employing agency may advance or pay the

travel expenses of the employee, and later obtain reimbursement

from the agency properly chargeable with the travel expenses.

(b) An employee as defined by section 2105 of this title (except

an individual whose pay is disbursed by the Secretary of the Senate

or the Chief Administrative Officer of the House of

Representatives) summoned, or assigned by his agency, to testify in

his official capacity or produce official records, on behalf of a

party other than the United States, is entitled to travel expenses

under subchapter I of this chapter, except to the extent that

travel expenses are paid to the employee for his appearance by the

court, authority, or party which caused him to be summoned.

-SOURCE-

(Added Pub. L. 91-563, Sec. 4(a), Dec. 19, 1970, 84 Stat. 1477;

amended Pub. L. 104-186, title II, Sec. 215(9), Aug. 20, 1996, 110

Stat. 1746.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-186 substituted ''Chief Administrative

Officer'' for ''Clerk'' in subsecs. (a) and (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1385.

-CITE-

5 USC Sec. 5752 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5752. Travel expenses of Senior Executive Service candidates

-STATUTE-

Employing agencies may pay candidates for Senior Executive

Service positions travel expenses incurred incident to

preemployment interviews requested by the employing agency.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 409(b), Oct. 13, 1978, 92

Stat. 1173.)

-MISC1-

EFFECTIVE DATE

Section effective 9 months after Oct. 13, 1978, and congressional

review of provisions of sections 401 through 412 of Pub. L. 95-454,

see section 415(a)(1), (b) of Pub. L. 95-454, set out as an

Effective Date note under section 3131 of this title.

-CITE-

5 USC Sec. 5753 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5753. Recruitment and relocation bonuses

-STATUTE-

(a) The Office of Personnel Management may authorize the head of

an agency to pay a bonus to an employee who is newly appointed to a

position under the General Schedule, or to an employee under the

General Schedule or under any other pay authority in the executive,

legislative, or judicial branch who must relocate to accept a

position under the General Schedule, if the Office determines that

the agency would be likely, in the absence of such a bonus, to

encounter difficulty in filling the position.

(b)(1)(A) The amount of a bonus under this section shall be

determined by regulations of the Office, but may not exceed 25

percent of the annual rate of basic pay of the position to which

the employee is being appointed or relocated.

(B) For purposes of computing a percentage of a rate of basic pay

under subparagraph (A), the rate of basic pay used shall be

determined without taking into account any comparability payment

under section 5304.

(2) Payment of a bonus under this section shall be contingent

upon the employee entering into an agreement with the agency to

complete a period of employment with the agency, with the required

period determined pursuant to regulations of the Office. If the

employee voluntarily fails to complete such period of service or is

separated from the service before completion of such period of

service for cause on charges of misconduct or delinquency, the

employee shall repay the bonus on a pro rata basis.

(3) A bonus under this section shall be paid as a lump sum, and

may not be considered to be part of the basic pay of an employee.

(4) Under regulations of the Office, a recruitment bonus may be

paid to a newly-hired employee before the employee enters on duty.

(c) For the purpose of this section -

(1) the terms ''agency'' and ''employee'' have the meanings

given them by section 5102; and

(2) any reference to ''a position under the General Schedule''

or ''an employee under the General Schedule'' shall be considered

to be a reference to any position or employee to which subchapter

III of chapter 53 applies.

(d) The Office shall prescribe such regulations as it considers

necessary for the administration of subsections (a) through (c).

(e) At the request of the head of an Executive agency, the

President may authorize the application of the preceding provisions

of this section with respect to 1 or more categories of employees

within such agency who would not otherwise be covered by this

section (including authority under subsection (d) to prescribe any

necessary regulations).

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title II, Sec. 208(a)),

Nov. 5, 1990, 104 Stat. 1427, 1458.)

-MISC1-

EFFECTIVE DATE

Section effective on such date as the President shall determine,

but not earlier than 90 days, and not later than 180 days, after

Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L.

101-509, set out as an Effective Date of 1990 Amendment note under

section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3521, 5307, 5757, 9504 of

this title; title 38 section 7410.

-CITE-

5 USC Sec. 5754 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5754. Retention allowances

-STATUTE-

(a) The Office of Personnel Management may authorize the head of

an agency to pay an allowance to an employee under the General

Schedule if -

(1) the unusually high or unique qualifications of the employee

or a special need of the agency for the employee's services makes

it essential to retain the employee; and

(2) the agency determines that the employee would be likely to

leave in the absence of a retention allowance.

(b)(1) A retention allowance, which shall be stated as a

percentage of the rate of basic pay (excluding any comparability

payments under section 5304) of the employee, may not exceed 25

percent of such rate of basic pay.

(2) A retention allowance may not be considered to be part of the

basic pay of an employee, and the reduction or elimination of a

retention allowance may not be appealed. The preceding sentence

shall not be construed to extinguish or lessen any right or remedy

under subchapter II of chapter 12 or under any of the laws referred

to in section 2302(d).

(3) A retention allowance shall be paid at the same time and in

the same manner as the employee's basic pay is paid.

(c) For the purpose of this section -

(1) the terms ''agency'' and ''employee'' have the meanings

given them by section 5102; and

(2) any reference to ''an employee under the General Schedule''

shall be considered to be a reference to any employee holding a

position to which subchapter III of chapter 53 applies.

(d) The Office shall prescribe such regulations as it considers

necessary for the administration of subsections (a) through (c).

(e) At the request of the head of an Executive agency, the

President may authorize the application of the preceding provisions

of this section with respect to 1 or more categories of employees

within such agency who would not otherwise be covered by this

section (including authority under subsection (d) to prescribe any

necessary regulations).

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title II, Sec. 208(a)),

Nov. 5, 1990, 104 Stat. 1427, 1459.)

-MISC1-

EFFECTIVE DATE

Section effective on such date as the President shall determine,

but not earlier than 90 days, and not later than 180 days, after

Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L.

101-509, set out as an Effective Date of 1990 Amendment note under

section 5301 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (e) of this section

delegated to Office of Personnel Management by section 6(c) of Ex.

Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set

out as a note under section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3521, 5307, 5757, 9504 of

this title; title 38 section 7410.

-CITE-

5 USC Sec. 5755 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5755. Supervisory differentials

-STATUTE-

(a)(1) The Office of Personnel Management may authorize the head

of an agency to pay a differential to an employee under the General

Schedule who has supervisory responsibility for 1 or more employees

not under the General Schedule, if 1 or more of the subordinate

employees would, in the absence of such a differential, be paid

more than the supervisory employee.

(2) For the purposes of comparing the pay of a supervisory

employee under the General Schedule with the pay of a subordinate

employee not under the General Schedule, comparability payments

under section 5304, differentials, and allowances that are not a

part of basic pay may be taken into consideration, as provided by

regulations of the Office.

(b)(1) A supervisory differential, which shall be stated as a

percentage of the supervisory employee's rate of basic pay

(excluding any comparability payments under section 5304) or as a

dollar amount, may not cause the supervisory employee's pay to

exceed the pay of the highest paid subordinate employee by more

than 3 percent.

(2) A supervisory differential may not be considered to be part

of the basic pay of an employee, and the reduction or elimination

of a supervisory differential may not be appealed. The preceding

sentence shall not be construed to extinguish or lessen any right

or remedy under subchapter II of chapter 12 or under any of the

laws referred to in section 2302(d).

(3) A supervisory differential shall be paid in the same manner

and at the same time as the employee's basic pay is paid.

(c) For the purpose of this section -

(1) the terms ''agency'' and ''employee'' have the meanings

given them by section 5102; and

(2) any reference to ''an employee under the General Schedule''

shall be considered to be a reference to any employee holding a

position to which subchapter III of chapter 53 applies.

(d) The Office shall prescribe such regulations as it considers

necessary for the administration of this section.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title II, Sec. 211(a)),

Nov. 5, 1990, 104 Stat. 1427, 1461.)

-MISC1-

EFFECTIVE DATE

Section effective on such date as the President shall determine,

but not earlier than 90 days, and not later than 180 days, after

Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L.

101-509, set out as an Effective Date of 1990 Amendment note under

section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5307 of this title.

-CITE-

5 USC Sec. 5756 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5756. Home marketing incentive payment

-STATUTE-

(a) Under regulations prescribed under subsection (b), an agency

may pay to an employee who transfers in the interest of the

Government an amount to encourage the employee to aggressively

market the employee's residence at the official station from which

transferred when -

(1) the residence is entered into a relocation services program

established under a contract in accordance with section 5724c of

this title to arrange for the purchase of the residence;

(2) the employee finds a buyer who completes the purchase of

the residence through the program; and

(3) the sale of the residence results in a reduced cost to the

Government.

(b)(1) The Administrator of General Services shall prescribe

regulations to carry out this section.

(2) The regulations shall include a limitation on the maximum

amount payable with respect to an employee's residence. The

Administrator shall establish the limitation in consultation with

the Director of the Office of Management and Budget. For fiscal

years 1997 and 1998, the maximum amount shall be the amount equal

to five percent of the sale price of the residence.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XVII, Sec. 1717, Sept. 23,

1996, 110 Stat. 2757.)

-MISC1-

EFFECTIVE DATE

Section effective 180 days after Sept. 23, 1996, see section

1725(a) of Pub. L. 104-201, set out as an Effective Date of 1996

Amendment note under section 5722 of this title.

-CITE-

5 USC Sec. 5757 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5757. (FOOTNOTE 1) Payment of expenses to obtain professional

credentials

-STATUTE-

(FOOTNOTE 1) Another section 5757 is set out after this section.

(a) An agency may use appropriated funds or funds otherwise

available to the agency to pay for -

(1) expenses for employees to obtain professional credentials,

including expenses for professional accreditation, State-imposed

and professional licenses, and professional certification; and

(2) examinations to obtain such credentials.

(b) The authority under subsection (a) may not be exercised on

behalf of any employee occupying or seeking to qualify for

appointment to any position that is excepted from the competitive

service because of the confidential, policy-determining,

policy-making, or policy-advocating character of the position.

-SOURCE-

(Added Pub. L. 107-107, div. A, title XI, Sec. 1112(a), Dec. 28,

2001, 115 Stat. 1238.)

-CITE-

5 USC Sec. 5757 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 5757. (FOOTNOTE 1) Extended assignment incentive

-STATUTE-

(FOOTNOTE 1) Another section 5757 is set out preceding this

section.

(a) The head of an Executive agency may pay an extended

assignment incentive to an employee if -

(1) the employee has completed at least 2 years of continuous

service in 1 or more civil service positions located in a

territory or possession of the United States, the Commonwealth of

Puerto Rico, or the Commonwealth of the Northern Mariana Islands;

(2) the agency determines that replacing the employee with

another employee possessing the required qualifications and

experience would be difficult; and

(3) the agency determines it is in the best interest of the

Government to encourage the employee to complete a specified

additional period of employment with the agency in the territory

or possession, the Commonwealth of Puerto Rico or Commonwealth of

the Northern Mariana Islands, except that the total amount of

service performed in a particular territory, commonwealth, or

possession under 1 or more agreements established under this

section may not exceed 5 years.

(b) The sum of extended assignment incentive payments for a

service period may not exceed the greater of -

(1) an amount equal to 25 percent of the annual rate of basic

pay of the employee at the beginning of the service period, times

the number of years in the service period; or

(2) $15,000 per year in the service period.

(c)(1) Payment of an extended assignment incentive shall be

contingent upon the employee entering into a written agreement with

the agency specifying the period of service and other terms and

conditions under which the extended assignment incentive is

payable.

(2) The agreement shall set forth the method of payment,

including any use of an initial lump-sum payment, installment

payments, or a final lump-sum payment upon completion of the entire

period of service.

(3) The agreement shall describe the conditions under which the

extended assignment incentive may be canceled prior to the

completion of agreed-upon service period and the effect of the

cancellation. The agreement shall require that if, at the time of

cancellation of the incentive, the employee has received incentive

payments which exceed the amount which bears the same relationship

to the total amount to be paid under the agreement as the completed

service period bears to the agreed-upon service period, the

employee shall repay that excess amount, at a minimum, except that

an employee who is involuntarily reassigned to a position stationed

outside the territory, commonwealth, or possession or involuntarily

separated (not for cause on charges of misconduct, delinquency, or

inefficiency) may not be required to repay any excess amounts.

(d) An agency may not put an extended assignment incentive into

effect during a period in which the employee is fulfilling a

recruitment or relocation bonus service agreement under section

5753 or for which an employee is receiving a retention allowance

under section 5754.

(e) Extended assignment incentive payments may not be considered

part of the basic pay of an employee.

(f) The Office of Personnel Management may prescribe regulations

for the administration of this section, including regulations on an

employee's entitlement to retain or receive incentive payments when

an agreement is canceled. Neither this section nor implementing

regulations may impair any agency's independent authority to

administratively determine compensation for a class of its

employees.

-SOURCE-

(Added Pub. L. 107-273, div. A, title II, Sec. 207(a)(1), Nov. 2,

2002, 116 Stat. 1779.)

-MISC1-

EFFECTIVE DATE

Section effective on the first day of the first applicable pay

period beginning on or after 6 months after Nov. 2, 2002, see

section 207(c) of Pub. L. 107-273, set out as an Effective Date of

2002 Amendment note under section 5307 of this title.

REPORT

Pub. L. 107-273, div. A, title II, Sec. 207(d), Nov. 2, 2002,

116 Stat. 1780, provided that: ''No later than 3 years after the

effective date of this section (see Effective Date note above), the

Office of Personnel Management, after consultation with affected

agencies, shall submit a report to Congress assessing the

effectiveness of the extended assignment incentive authority as a

human resources management tool and making recommendations for any

changes necessary to improve the effectiveness of the incentive

authority. Each agency shall maintain such records and report such

information, including the number and size of incentive offers made

and accepted or declined by geographic location and occupation, in

such format and at such times as the Office of Personnel Management

may prescribe, for use in preparing the report.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5307 of this title.

-CITE-