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103D CONGRESS

2D SESSION H. R. 4549

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.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1994

Ms. NORTON introduced the following bill; which was referred to the

Committee on Government Operations

A BILL

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,
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1 SECTION 1. TRAVEL AND TRANSPORTATION EXPENSES

2 FOR FAMILY MEMBERS OF CAREER AP3 POINTEES.

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

5 States Code, is amended to read as follows:

6 ‘‘(3) upon the separation (or death in service)

7 of a career appointee, as defined in section

8 3132(a)(4) of this title, the travel expenses of that

9 individual (if applicable), the transportation ex10 penses of the immediate family of such individual,

11 and the expenses of moving (including transporting,

12 packing, crating, temporarily storing, draying, and

13 unpacking) the household goods of such individual

14 and personal effects not in excess of eighteen thou15 sand pounds net weight, to the place where the indi16 vidual will reside (or, in the case of a career ap17 pointee who dies in service or who dies after separat18 ing but before the travel, transportation, and moving

19 is completed, to the place where the family will re20 side) within the United States, its territories or pos21 sessions, the Commonwealth of Puerto Rico, or the

22 areas and installations in the Republic of Panama

23 made available to the United States pursuant to the

24 Panama Canal Treaty of 1977 and related agree25 ments, as described in section 3(a) of the Panama

26 Canal Act of 1979, if such individual—
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1 ‘‘(A) during or after the five years preced2 ing eligibility to receive an annuity under sub3 chapter III of chapter 83, or of chapter 84 of

4 this title, has been transferred in the interest of

5 the Government from one official station to an6 other for permanent duty as a career appointee

7 in the Senior Executive Service or as a director

8 under section 4103(a)(8) of title 38 (as in ef9 fect on November 17, 1988); and

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

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

12 service, met the requirements for being consid13 ered eligible to receive an annuity, as of date of

14 death) under the provisions of subchapter III of

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

16 SEC. 2. EFFECTIVE DATE.

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

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

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

20 (b) SPECIAL RULE.—

21 (1) IN GENERAL.—Under regulations prescribed

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

23 appropriate, pay or make reimbursement for any

24 moving expenses which would be payable under the

25 provisions of section 5724(a)(3) of title 5, United
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1 States Code, as amended by section 1 (but which

2 would not have been payable under such provisions,

3 as last in effect before being so amended).

4 (2) APPLICABILITY.—The moving expenses to

5 which this subsection applies are—

6 (A) those incurred by the family of an in7 dividual who died—

8 (i) before separating from Govern9 ment service; and

10 (ii) during the period beginning on

11 January 1, 1994, and ending on the effec12 tive date of this Act; and

13 (B) those incurred, in the case of an indi14 vidual who would have met the requirements for

15 being considered a director under section

16 4103(a)(8) of title 38, United States Code (as

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

18 to a move that occurred during the period be19 ginning on October 1, 1992, and ending on the

20 effective date of this Act.

21 (3) CONDITION.—Payment or reimbursement

22 under this subsection may not be made except upon

23 appropriate written application submitted within 12

24 months after date on which the regulations referred

25 to in paragraph (1) take effect.
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