Legislación
US (United States) Code. Title 5. Chapter 57: Travel, transportation and subsistence
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5 USC CHAPTER 57 - TRAVEL, TRANSPORTATION, AND
SUBSISTENCE 01/06/03
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE
.
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CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE
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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.
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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.
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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.
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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.)
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Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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(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.
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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.
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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.)
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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.
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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
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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