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5 U.S.C. § 5729 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5729. Transportation expenses; prior return of family
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 505; Pub. L. 104–201, div. A, title XVII, § 1723(b)(1), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 105–264, § 6(9), Oct. 19, 1998, 112 Stat. 2356.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 73b–3(a) (5th and 6th provisos).
Aug. 31, 1954, ch. 1155 (less 1st 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.
heading: Amendments
text: 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”.
heading: Effective Date of 1996 Amendment
text: 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.
5 U.S.C. § 5730 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5730. Funds available
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 506.)
text: 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, § 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.
5 U.S.C. § 5731 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5731. Expenses limited to lowest first-class rate
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 506; Pub. L. 104–201, div. A, title XVII, § 1723(b)(4), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 105–264, § 6(10), Oct. 19, 1998, 112 Stat. 2356.)
text: 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, § 10, 47 Stat. 1516.
Aug. 2, 1946, ch. 744, § 6, 60 Stat. 808.
(b)
5 U.S.C. 73e.
May 28, 1938, ch. 289, § 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.
heading: Amendments
text: 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”.
heading: Effective Date of 1996 Amendment
text: 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.
5 U.S.C. § 5733 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5733. Expeditious travel
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.
(Added Pub. L. 90–206, title II, § 222(c)(1), Dec. 16, 1967, 81 Stat. 641.)
heading: Effective Date
text: 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.
5 U.S.C. § 5734 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5734. Travel, transportation, and relocation expenses of employees transferred from the Postal Service
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.
(Added Pub. L. 99–234, title I, § 106(a), Jan. 2, 1986, 99 Stat. 1758.)
heading: Effective Date
text: 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.
5 U.S.C. § 5735 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5735. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service
(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.
(Added Pub. L. 103–337, div. A, title III, § 345(a)(1), Oct. 5, 1994, 108 Stat. 2723.)
heading: Effective Date
text: Pub. L. 103–337, div. A, title III, § 345(b), Oct. 5, 1994, 108 Stat. 2724, 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].”
5 U.S.C. § 5736 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5736. Travel, transportation, and relocation expenses of certain nonappropriated fund employees
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.
(Added Pub. L. 104–201, div. A, title XVI, § 1605(a)(1), Sept. 23, 1996, 110 Stat. 2736.)
heading: Effective Date
text: Pub. L. 104–201, div. A, title XVI, § 1605(b), Sept. 23, 1996, 110 Stat. 2736, 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.”
heading: Transfer of Functions
text: 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.
5 U.S.C. § 5737 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5737. Relocation expenses of an employee who is performing an extended assignment
(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.1
(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.
(Added Pub. L. 104–201, div. A, title XVII, § 1716, Sept. 23, 1996, 110 Stat. 2756.)
heading: Effective Date
text: 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.
5 U.S.C. § 5737a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5737a. Employees temporarily deployed in contingency operations
(a) Definitions.—
For purposes of this section—
(1) the term “covered employee” means an individual who—
(A) is an employee of an Executive agency or a military department, excluding a Government controlled corporation; and
(B) is assigned on a temporary change of station in support of a contingency operation;
(2) the term “temporary change of station”, as used with respect to an employee, means an assignment—
(A) from the employee’s official duty station to a temporary duty station; and
(B) for which such employee is eligible for expenses under section 5737; and
(3) the term “contingency operation” has the meaning given such term by section 1482a(c) of title 10.
(b) Quarters and Rations.—
The head of an agency may provide quarters and rations, without charge, to any covered employee of such agency during the period of such employee’s temporary assignment (as described in subsection (a)(1)(B)).
(c) Storage of Motor Vehicle.—
The head of an agency may provide for the storage, without charge, or for the reimbursement of the cost of storage, of a motor vehicle that is owned or leased by a covered employee of such agency (or by a dependent of such an employee) and that is for the personal use of the covered employee. This subsection shall apply—
(1) with respect to storage during the period of the employee’s temporary assignment (as described in subsection (a)(1)(B)); and
(2) in the case of a covered employee, with respect to not more than one motor vehicle as of any given time.
(d) Relationship to Other Benefits.—
Any benefits under this section shall be in addition to (and not in lieu of) any other benefits for which the covered employee is otherwise eligible.
(Added Pub. L. 110–181, div. A, title XI, § 1104(a), Jan. 28, 2008, 122 Stat. 346.)
5 U.S.C. § 5738 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5738. Regulations
(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.
(Added Pub. L. 104–201, div. A, title XVII, § 1722, Sept. 23, 1996, 110 Stat. 2758.)
heading: Effective Date
text: 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.
5 U.S.C. § 5741 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5741. General prohibition
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 506.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 103.
June 7, 1897, ch. 3, § 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.
5 U.S.C. § 5751 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5751. Travel expenses of witnesses
(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.
(Added Pub. L. 91–563, § 4(a), Dec. 19, 1970, 84 Stat. 1477; amended Pub. L. 104–186, title II, § 215(9), Aug. 20, 1996, 110 Stat. 1746.)
heading: Amendments
text: 1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk” in subsecs. (a) and (b).
5 U.S.C. § 5752 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5752. Travel expenses of Senior Executive Service candidates
Employing agencies may pay candidates for Senior Executive Service positions travel expenses incurred incident to preemployment interviews requested by the employing agency.
(Added Pub. L. 95–454, title IV, § 409(b), Oct. 13, 1978, 92 Stat. 1173.)
heading: Effective Date
text: 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.
5 U.S.C. § 5755 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5755. Supervisory differentials
(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.
(Added Pub. L. 101–509, title V, § 529 [title II, § 211(a)], Nov. 5, 1990, 104 Stat. 1427, 1461.)
heading: References in Text
text: The General Schedule, referred to in subsecs. (a)(1), (2) and (c)(2), is set out under section 5332 of this title.
heading: Effective Date
text: 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, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.