IIA

103D CONGRESS

2D SESSION H. R. 4549

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JULY 11), 1994

Received; read twice and referred to the Committee on Governmental Affairs

AN ACT

To amend title 5, United States Code, to provide for travel

and transportation expenses for the family of a career

appointee in the Senior Executive Service who dies after

transferring in the interest of the Government to an

official duty station and who was eligible for an annuity

at the time of death, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TRAVEL AND TRANSPORTATION EXPENSES

4 FOR FAMILY MEMBERS OF CAREER AP5 POINTEES.

6 Paragraph (3) of section 5724(a) of title 5, United

7 States Code, is amended to read as follows:
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1 ‘‘(3) upon the separation (or death in service)

2 of a career appointee, as defined in section

3 3132(a)(4) of this title, the travel expenses of that

4 individual (if applicable), the transportation ex5 penses of the immediate family of such individual,

6 and the expenses of moving (including transporting,

7 packing, crating, temporarily storing, draying, and

8 unpacking) the household goods of such individual

9 and personal effects not in excess of eighteen thou10 sand pounds net weight, to the place where the indi11 vidual will reside (or, in the case of a career ap12 pointee who dies in service or who dies after separat13 ing but before the travel, transportation, and moving

14 is completed, to the place where the family will re15 side) within the United States, its territories or pos16 sessions, the Commonwealth of Puerto Rico, or the

17 areas and installations in the Republic of Panama

18 made available to the United States pursuant to the

19 Panama Canal Treaty of 1977 and related agree20 ments, as described in section 3(a) of the Panama

21 Canal Act of 1979, if such individual—

22 ‘‘(A) during or after the five years preced23 ing eligibility to receive an annuity under sub24 chapter III of chapter 83, or of chapter 84 of

25 this title, has been transferred in the interest of
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1 the Government from one official station to an2 other for permanent duty as a career appointee

3 in the Senior Executive Service or as a director

4 under section 4103(a)(8) of title 38 (as in ef5 fect on November 17, 1988); and

6 ‘‘(B) is eligible to receive an annuity upon

7 such separation (or, in the case of death in

8 service, met the requirements for being consid9 ered eligible to receive an annuity, as of date of

10 death) under the provisions of subchapter III of

11 chapter 83 or chapter 84 of this title.’’.

12 SEC. 2. EFFECTIVE DATE.

13 (a) IN GENERAL.—This Act and the amendment

14 made by this Act shall take effect on October 1, 1994,

15 or, if later, the date of the enactment of this Act.

16 (b) SPECIAL RULE.—

17 (1) IN GENERAL.—Under regulations prescribed

18 by the President or his designee, an agency shall, as

19 appropriate, pay or make reimbursement for any

20 moving expenses which would be payable under the

21 provisions of section 5724(a)(3) of title 5, United

22 States Code, as amended by section 1 (but which

23 would not have been payable under such provisions,

24 as last in effect before being so amended).
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1 (2) APPLICABILITY.—The moving expenses to

2 which this subsection applies are—

3 (A) those incurred by the family of an in4 dividual who died—

5 (i) before separating from Govern6 ment service; and

7 (ii) during the period beginning on

8 January 1, 1994, and ending on the effec9 tive date of this Act; and

10 (B) those incurred, in the case of an indi11 vidual who would have met the requirements for

12 being considered a director under section

13 4103(a)(8) of title 38, United States Code (as

14 in effect on November 17, 1988), with respect

15 to a move that occurred during the period be16 ginning on October 1, 1992, and ending on the

17 effective date of this Act.

18 (3) CONDITION.—Payment or reimbursement

19 under this subsection may not be made except upon

20 appropriate written application submitted within 12

21 months after date on which the regulations referred

22 to in paragraph (1) take effect.

Passed the House of Representatives July 12, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.