CHAPTER 57 —TRAVEL, TRANSPORTATION, AND SUBSISTENCE
SUBCHAPTER I—TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
Amendments
1994—
1992—
1990—
1986—
1983—
1978—
1975—
1970—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5701. Definitions
Except as otherwise provided in section 5707(d), for the purpose of this subchapter—
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (1)–(5) | June 9, 1949, ch. 185, §2, |
|
| (6) | [Uncodified]. | Aug. 14, 1961, |
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,
Paragraph (6), insofar as concerns section 5703, is based in part on section 18 of the Act of Aug. 2, 1946, ch. 744,
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.
Amendments
1990—
1986—Par. (4).
1975—Par. (2).
Effective Date of 1986 Amendment; Regulations
Section 301 of
"(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
"(b) The amendments made by section 201 of this Act [enacting
Short Title of 1986 Amendment
Section 1 of
Short Title of 1975 Amendment
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§5702. Per diem; employees traveling on official business
(a)(1) Under regulations prescribed pursuant to
(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
(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
(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
(c) This section does not apply to a justice or judge, except to the extent provided by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 9, 1949, ch. 185, §3, |
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| Apr. 26, 1950, ch. 108, |
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| July 28, 1955, ch. 424, §1, |
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| Aug. 14, 1961, |
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
In subsection (c), the words "Under regulations prescribed under
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—
1986—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1980—Subsec. (a).
Subsec. (c).
Subsec. (d).
1979—Subsec. (c).
1975—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1969—Subsec. (a).
Subsec. (c).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
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
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
Cost Savings for Official Travel
"(a)
"(b)
"(c)
Reports to Congress of Per Diem and Mileage Allowance Payments for Fiscal Years 1979 Through 1981; Rules and Regulations
Section 3 of
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 (
"(h) The authority vested in the President by Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985,
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
§5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 2, 1946, ch. 744, §5, |
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| July 28, 1955, ch. 424, §2, |
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| Aug. 14, 1961, |
Subsection (a) is added on authority of section 18 of the Act of Aug. 2, 1946, ch. 744,
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 (
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,
In subsection (d), the words "Under regulations prescribed under
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—
1969—Subsec. (c)(1).
Subsec. (d).
Cross References
Advisory panels of experts for research and demonstration projects in education of handicapped children, travel and per diem expenses, see
Coast Guard, travel expenses of Advisory Committee to Academy, see
Temporary employment of experts and consultants, see
Section Referred to in Other Sections
This section is referred to in
§5704. Mileage and related allowances
(a)(1) Under regulations prescribed under
(2) Under regulations prescribed under
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 9, 1949, ch. 185, §4, |
||
| July 28, 1955, ch. 424, §4, Aug. 14, 1961, |
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
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—
"(a) Under regulations prescribed under
"(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).
Subsec. (a)(2).
Subsec. (a)(3).
1975—Subsec. (a).
Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§5705. Advancements and deductions
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 9, 1949, ch. 185, §5, |
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—
Section Referred to in Other Sections
This section is referred to in
§5706. Allowable travel expenses
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 9, 1949, ch. 185, §6, |
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.
Section Referred to in Other Sections
This section is referred to in title 7 sections 3128, 3194, 3335, 4108, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415.
§5706a. Subsistence and travel expenses for threatened law enforcement personnel
(a) Under regulations prescribed pursuant to
(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.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§5706b. Interview expenses
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.
(Added
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, §305] of
Section Referred to in Other Sections
This section is referred to in title 7 sections 3128, 3194, 3335, 4108, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415; title 38 section 7410.
§5707. Regulations and reports
(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
(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
(1)(A) The Administrator of General Services, in consultation with the Comptroller General of the United States, 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
(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.
(d)(1) Each agency shall ensure that its approved accommodations percentage for a fiscal year shall be not less than—
(A) 65 percent, for the first fiscal year that begins 4 years after the date of enactment of this subsection;
(B) 75 percent, for the fiscal year that begins 5 years after the date of enactment of this subsection; and
(C) 90 percent, for the fiscal year that begins 6 years after the date of enactment of this subsection and for each subsequent fiscal year.
(2) In this subsection, an agency's "approved accommodations percentage" for a fiscal year is the percentage determined by multiplying 100 by the quotient of—
(A) the total number of nights spent by civilian employees of the agency (as described in section 5702(a)) for which payment was made under this chapter for lodging expenses incurred in any State at any approved hotel, motel, or other place of public accommodation not owned by the Federal Government; divided by
(B) the total number of nights spent by such employees for which payment was made under this chapter for lodging expenses incurred in any State at any hotel, motel, or other place of public accommodation not owned by the Federal Government.
(3) For purposes of this subsection, a hotel, motel, or other place of public accommodation is approved if it meets the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974.
(4) For purposes of this subsection—
(A) the term "agency" does not include the government of the District of Columbia; and
(B) 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, the Canal Zone, Guam, American Samoa, or any other territory or possession.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 9, 1949, ch. 185, §7, |
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.
References in Text
The date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of
Section 29 of the Federal Fire Prevention and Control Act of 1974, referred to in subsec. (d)(3), is classified to
For definition of Canal Zone, referred to in subsec. (d)(4)(B), see
Amendments
1994—Subsec. (b).
Subsec. (c).
1990—Subsec. (d).
1986—Subsec. (a).
Subsec. (c).
1975—
Effective Date of 1986 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
GAO Audit of Agency Compliance
Section 5(b) of
Regulations; Time for Issuance
Section 6(b) of
Section Referred to in Other Sections
This section is referred to in
§5707a. Adherence to fire safety guidelines in establishing rates and discounts for lodging expenses
(a) Studies or surveys conducted for the purposes of establishing per diem rates for lodging expenses under this chapter shall be limited to 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. 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 as defined in section 4 of the Federal Fire Prevention and Control Act of 1974.
(b) 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 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.
(c) 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.
(d) The Administrator of General Services may take any additional actions the Administrator determines appropriate to encourage employees traveling on official business to stay at 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.
(Added
References in Text
Sections 4 and 29 of the Federal Fire Prevention and Control Act of 1974, referred to in subsections (a), (b), and (d), are classified to sections 2203 and 2225, respectively, of Title 15, Commerce and Trade.
Effective Date
Section 4(c) of
§5708. Effect on other statutes
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (1), (2) | June 9, 1949, ch. 185, §8, |
|
| (3), (4) | June 9, 1949, ch. 185, §9, |
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.
Section Referred to in Other Sections
This section is referred to in title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474.
§5709. Air evacuation patients: furnished subsistence
Notwithstanding any other provision of law, and under regulations prescribed under
(Added
SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
Subchapter Referred to in Other Sections
This subchapter is referred to in title 8 section 1353; title 22 section 3650; title 46 App. section 1717.
§5721. Definitions
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; and
(5) "appropriation" includes funds made available by statute under
(
Historical and Revision Notes
The section is based on sections 18 and 19 of the Act of Aug. 2, 1946, ch. 744,
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
1982—Par. (5).
Cross References
Definition of agency—
Applicability to provisions covering delegation of authority by agency heads, see
Applicability to provisions covering witness fees and allowances, see
Section Referred to in Other Sections
This section is referred to in
§5722. Travel and transportation expenses of new appointees; posts of duty outside the continental United States
(a) Under such regulations as the President may prescribe 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; and
(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 United States.
(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
(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 United States for the expenses is recoverable from the individual as a debt due the United States.
(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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 2, 1946, ch. 744, §7, |
||
| Aug. 30, 1961, |
In subsections (b)(1) and (c)(1), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Delegation of Functions
Authority of President under subsec. (a) of this section to prescribe regulations with respect to payment of travel expenses and transportation expenses of household goods and personal effects delegated to Administrator of General Services, see section 1(4) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5723. Travel and transportation expenses of new appointees and student trainees
(a) Under such regulations as the President may prescribe 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; and
(2) transportation expenses of his immediate family and his household goods and personal effects to the extent authorized by
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
(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 United States for the expenses is recoverable from the individual as a debt due the United States.
(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 (
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 25, 1958, |
||
| July 5, 1960, |
||
| Oct. 16, 1963, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 3 of the Presidential Transition Act of 1963, referred to in subsecs. (a) and (c), is section 3 of
Amendments
1992—
Subsecs. (d), (e).
1990—Subsec. (a)(1)(A).
Subsec. (a)(1)(C).
1988—Subsec. (a).
Subsec. (a)(1).
Subsec. (c).
1984—Subsec. (a)(1).
1983—Subsec. (a)(1).
1978—Subsec. (a)(1).
Subsec. (d).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1983 Amendment; Regulations
Amendment by
Effective Date of 1978 Amendment
Amendment by sections 305 and 906(a)(2), (3) of
Amendment by section 409(a) of
Delegation of Functions
Authority of President under subsec. (a) of this section to prescribe regulations with respect to payment of travel expenses and transportation expenses delegated to Administrator of General Services, see section 1(5) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5724. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis
(a) Under such regulations as the President may prescribe 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
(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
(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of
(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
(b) Under such regulations as the President may prescribe, 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 such regulations as the President may prescribe, 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 by the President, 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
(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 by the President, in a transfer from one agency to another because of a reduction in force or transfer of function, expenses authorized by this section and
(f) An advance of funds may be made to an employee under the regulations of the President with the same safeguards required under
(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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 2, 1946, ch. 744, §1(a), (b), Sept. 23, 1950, ch. 1010, §§1(a), (b), 3(b), |
||
| Feb. 12, 1958, |
||
| Sept. 6, 1960, |
||
| Oct. 9, 1962, |
In subsections (a)(1) and (f), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5724(a)(2) | 5 App.: 73b–1(a). | July 21, 1966, |
| 5724(c) | 5 App.: 73b–1(b). | July 21, 1966, |
| 5724(e) | 5 App.: 73b–4d. | July 21, 1966, |
| 5724(i) | 5 App.: 73b–4f. | July 21, 1966, |
Subsection (a)(1), (3) of section 1 of the act of July 21, 1966, was effected in the codification of
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
In subsection (i), the words "An agency may pay * * * expenses * * * and allowances under this section and
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (a)(3), is classified to
The Foreign Service Act of 1980, referred to in subsec. (g), is
Amendments
1994—Subsec. (a)(3).
"(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of
"(B) is eligible to receive an annuity upon such separation under the provisions of subchapter III of
Subsec. (a)(3)(A).
1992—Subsec. (a)(3)(A).
1988—Subsec. (a)(3).
Subsec. (a)(3)(A).
1983—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (i).
Subsec. (j).
1980—Subsec. (g).
1968—Subsec. (e).
Effective Date of 1994 Amendment
Section 3(b) of
Section 5(a) of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Section 118(c) of
"(1) The amendments made by subsection (a) [enacting
"(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
Effective Date of 1968 Amendment
Amendment by
Delegation of Functions
Authority of President under this section to prescribe regulations provided for in this section (relating to travel and transportation expenses and other matters) delegated to Administrator of General Services, see section 1(6) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Moving Expenses for Family of Career Appointees Dying in Service Between January 1, 1994, and October 6, 1994
Section 5(b) of
"(1)
"(2)
"(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)
Funding of Amendments by Pub. L. 100–440
Section 629(b) of
Funding of Amendments by Pub. L. 98–151
Section 118(b) of
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 Referred to in Other Sections
This section is referred to in
§5724a. Relocation expenses of employees transferred or reemployed
(a) Under such regulations as the President may prescribe 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 all or part of the following expenses of an employee for whom the Government pays expenses of travel and transportation under
(1) Expenses of per diem allowance or the subsistence expenses of the immediate family of the employee while en route between his old and new official stations, not in excess of the maximum payment permitted under regulations which implement
(2) Expenses of per diem allowance or subsistence of the employee and his spouse, not in excess of the maximum payment permitted under regulations which implement
(3) Subsistence expenses of the employee and his immediate family for a period of 60 days while occupying temporary quarters when the new official station is located 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). The period of residence in temporary quarters may be extended for an additional 60 days if the head of the agency concerned or his designee determines that there are compelling reasons for the continued occupancy of temporary quarters. The regulations shall prescribe daily rates and amounts for subsistence expenses per individual, not in excess of the maximum payment permitted under regulations which implement
(4)(A) Expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old station and purchase of a home at the new official station required to be paid by him when the old and new official stations are located 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); and expenses, required to be paid by the employee, (i) of the sale of the residence (or the settlement of an unexpired lease) of the employee at the official station from which the employee was transferred when he was assigned to a post of duty located outside the United States, its territories or possessions, the Commonwealth of Puerto Rico, or 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) and (ii) of the purchase of a residence at the new official station when the employee is transferred in the interest of the Government from a post of duty located outside the United States, its territories or possessions, the Commonwealth of Puerto Rico, or 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), to an official station (other than the official station from which he was transferred when assigned to the foreign tour of duty) within the United States, its territories or possessions, the Commonwealth of Puerto Rico, or such areas and installations in the Republic of Panama. However, reimbursement for brokerage fees on the sale of the residence and other expenses under this paragraph may not exceed those customarily charged in the locality where the residence is located, and reimbursement may not be made for losses on the sale of the residence. This paragraph applies regardless of whether title to the residence or the unexpired lease is in the name of the employee alone, in the joint names of the employee and a member of his immediate family, or in the name of a member of his immediate family alone. Reimbursement of expenses prescribed under this paragraph in connection with transfers from a post of duty located outside 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), shall not be allowed for any sale or settlement of 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 foreign post of duty.
(B)(i) In connection with the sale of the residence at the old official station, reimbursement under this paragraph shall not exceed 10 percent of the sale price or $15,000, whichever is the lesser amount.
(ii) In connection with the purchase of a residence at the new official station, reimbursement under this paragraph shall not exceed 5 percent of the purchase price or $7,500, whichever is the lesser amount.
(iii) Effective October 1 of each year, the respective maximum dollar amounts applicable under clauses (i) and (ii) shall be increased by the percent change, if any, in the Consumer Price Index published for December of the preceding year over that published for December of the second preceding year, adjusted to the nearest one-tenth of 1 percent. For the purpose of this clause, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, United States City Average, Housing Component (1967=100), prepared by the Bureau of Labor Statistics, Department of Labor.
(b) Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, and notwithstanding other reimbursement authorized under this subchapter, an employee who is reimbursed under subsection (a) of this section or
(1) an amount not to exceed 2 weeks' basic pay, if he has an immediate family; or
(2) an amount not to exceed 1 week's basic pay, if he does not have an immediate family.
However, the amounts may not exceed amounts determined from the maximum rate for GS–13.
(c) Under such regulations as the President may prescribe, a former employee separated by reason of reduction in force or transfer of function who within 1 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
(Added
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5724a(a) | 5 App.: 73b–4a. | July 21, 1966, |
| 5724a(b) | 5 App.: 73b–4b. | July 21, 1966, |
| 5724a(c) | 5 App.: 73b–4e. | July 21, 1966, |
In subsection (a), the word "agency" is substituted for "department" to conform to the definition in
In subsection (b), the words "this subchapter" and "subsection (a) of this section or
In subsection (c), the word "officer" is omitted as included in "employee". The words "
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (a)(3), (4)(A), is classified to
Amendments
1990—Subsec. (a)(2).
1987—Subsec. (a)(4)(A).
1986—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
1983—Subsec. (a)(3).
Subsec. (a)(4).
1979—Subsec. (a)(3), (4).
Effective Date of 1987 Amendment
Section 101(m) [title VI, §628(a)(2)] of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Amendment by
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Authority of President under this section to prescribe regulations provided for in this section, relating to (i) availability of appropriations or other funds of agencies for reimbursement of described expenses of employees for whom Government pays expenses of travel and transportation under
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5724b. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred
(a) Under such regulations as the President may prescribe 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,1 would be liable due to the reimbursement for the taxes referred to in the first sentence of this subsection.
(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
(Added
Codification
Prior to amendment by
Amendments
1984—
Effective Date; Promulgation of Regulations
Enactment by
Delegation of Functions
Authority of President under this section to prescribe regulations, relating to reimbursement of Federal, State, and city income taxes for travel, transportation, and relocation expenses of employees, transferred at Government expense, furnished in kind or for which reimbursement or an allowance is provided, delegated to Administrator of General Services, in consultation with Secretary of the Treasury, see section 1(7)(b) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
1 See Codification note below.
§5724c. Relocation services
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.
(Added
Amendments
1984—
Effective Date; Promulgation of Regulations
Enactment by
Delegation of Functions
Authority of President to prescribe regulations under this section delegated to Administrator of General Services, except with respect to Central Intelligence Agency, see section 1(7)(c) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, as amended, set out as a note under
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5725. Transportation expenses; employees assigned to danger areas
(a) When an employee of the United States 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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 23, 1960, ch. 1010, §1(c), |
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.
Section Referred to in Other Sections
This section is referred to in
§5726. Storage expenses; household goods and personal effects
(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 the President may be regulation authorize to be transported or stored, including, in emergencies, motor vehicles authorized to be shipped at Government expense.
(b) Under such regulations as the President may prescribe, an employee, including a new appointee and a student trainee to the extent authorized by
(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 such regulations as the President may prescribe, when an employee, including a new appointee and a student trainee to the extent authorized by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 6, 1960, |
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
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5726(c) | 5 App.: 73b–4c. | July 21, 1966, |
The amendment of subsection (a) of
Subsection (b) of
In subsection (c), the word "employee" is substituted for "civilian officer or employee" to conform to the definitions in
Subsection (b) of section 25 of the Administrative Expenses Act of 1946 (added by section 2 of
Amendments
1983—Subsec. (b).
Delegation of Functions
Authority of President under this section to prescribe regulations provided for in this section relating to (i) definition of "household goods and personal effects", (ii) allowable storage expenses and related transportation, and (iii) allowance of nontemporary storage expenses or storage at Government expense in Government-owned facilities (including related transportation and other expenses) delegated to Administrator of General Services, see section 1(8) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Effective Date of 1983 Amendment; Promulgation of Regulations
Amendment by
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5727. Transportation of motor vehicles
(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 such regulations as the President may prescribe, the privately owned motor vehicle of an employee, including a new appointee and a student trainee to the extent authorized by
(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) 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 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.
(d) When the head of an agency authorizes transportation under subsection (b) 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.
(e)(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
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | June 30, 1932, ch. 314, §209, |
|
| Aug. 13, 1946, ch. 957, §1131(64), 60 Stat. Stat. 1040. | ||
| (b)–(e) | Sept. 6, 1960, Feb. 5, 1964, |
In subsection (a), the proviso in former section 73c is omitted as superseded by
In subsection (b), the words "including a new appointee and a student trainee to the extent authorized by
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
1980—Subsec. (e)(2).
Effective Date of 1980 Amendment
Amendment by
Delegation of Functions
Authority of President under this section to prescribe regulations provided for in this section relating to transportation at Government expense of privately owned motor vehicles delegated to Administrator of General Services, see section 1(9) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5728. Travel and transportation expenses; vacation leave
(a) Under such regulations as the President may prescribe, 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 such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of round-trip travel of an employee of the United States 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 such regulations as the President may prescribe, 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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Aug. 31, 1954, ch. 1155 (1st proviso), |
|
| (b) | Sept. 2, 1958, |
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
1982—Subsecs. (a), (b).
Subsecs. (c), (d).
Effective Date of 1982 Amendment
Section 351(c), (d) of
"(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
Delegation of Functions
Authority of President under subsecs. (a) and (b) of this section to prescribe regulations provided for in this section relating to payment by an agency from its appropriations of expenses of round trip travel of an employee, and transportation of his immediate family, in described circumstances delegated to Administrator of General Services, see section 1(10) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
§5729. Transportation expenses; prior return of family
(a) Under such regulations as the President may prescribe, an agency shall pay from its appropriations, not more than once before the return to the United States or its territories or possessions 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 such regulations as the President may prescribe, 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 or its territories or possessions, 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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1954, ch. 1155 (less 1st proviso), |
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.
Delegation of Functions
Authority of President under subsecs. (a) and (b) of this section to prescribe regulations provided for therein, relating to (i) payment by an agency from its appropriations of expenses of transporting immediate family of an employee and of shipping his household goods and personal effects, and (ii) reimbursement from its appropriations by an agency of an employee for proper transportation expense of returning his immediate family and household goods and personal effects, both in described circumstances, delegated to Administrator of General Services, see section 1(11) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
§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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 2, 1946, ch. 744, §1(c). |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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 by the President, 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 United States 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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Mar. 3, 1933, ch. 212, §10, |
|
| Aug. 2, 1946, ch. 744, §6, |
||
| (b) | May 28, 1938, ch. 289, §811, |
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.
Delegation of Functions
Authority of President under subsec. (a) of this section to prescribe regulations provided for therein, relating to certifications respecting transportation accommodations, delegated to Administrator of General Services, see section 1(12) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
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; title 22 sections 287e, 287r, 2024; title 42 sections 2477, 4277; title 50 section 403e.
§5732. General average contribution; payment or reimbursement
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 United States, volunteers as defined by
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 4, 1954, ch. 264, §4, |
||
| Dec. 13, 1963, |
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
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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:
(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 (
(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
(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.
(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.
Dwight D. Eisenhower.
Section Referred to in Other Sections
This section is referred to in title 12 section 1701h; title 22 section 2504.
§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
Effective Date
Section effective thirty days after Dec. 16, 1967, see section 220(a)(4) of
Section Referred to in Other Sections
This section is referred to in title 16 section 2443; title 46 App. section 1717.
§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
(Added
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
§5735. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service
(a)
(b)
(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
Effective Date
Section 345(b) of
SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
§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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 7, 1897, ch. 3, §1 (last proviso on p. 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 (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5742. Transportation of remains, dependents, and effects; death occurring away from official station or abroad
(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; and
(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.
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(c) | July 8, 1940, ch. 551, §1, |
|
| (d) | July 8, 1940, ch. 551, §2, |
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 (
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
1990—Subsec. (b)(1), (2).
Subsec. (e).
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
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 Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
Amendments
1970—
§5751. Travel expenses of witnesses
(a) Under such regulations as the Attorney General may prescribe, an employee as defined by
(b) An employee as defined by
(Added
Transfer of Functions
Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§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
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§5753. Recruitment and relocation bonuses
(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
(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).
(Added
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, §305] of
Section Referred to in Other Sections
This section is referred to in
§5754. Retention allowances
(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
(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
(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).
(Added
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, §305] of
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 Referred to in Other Sections
This section is referred to in
§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
(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
(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.
(Added
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, §305] of
Section Referred to in Other Sections
This section is referred to in