5 U.S.C. § 5737 — Relocation expenses of an employee who

Page 752 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5734 1 So in original. tive Date of 1967 Amendment note under section 5542 of this title. § 5734. Travel, transportation, and relocation ex- penses of employees transferred from the Postal Service Notwithstanding the provisions of any other law, officers and employees of the United States Postal Service promoted or transferred under section 1006 of title 39, United States Code, from the Postal Service to an agency (as defined in section 5721 of this title), for permanent duty may be authorized travel, transportation, and relocation expenses and allowances under the same conditions and to the same extent author- ized by this subchapter for other transferred em- ployees within the meaning of this chapter. (Added Pub. L. 99–234, title I, § 106(a), Jan. 2, 1986, 99 Stat. 1758.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective (1) on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of Pub. L. 99–234, set out as an Effective Date of 1986 Amendment note under section 5701 of this title. § 5735. Travel, transportation, and relocation ex- penses of employees transferring to the United States Postal Service (a) IN GENERAL.—Notwithstanding any other provision of law, employees of the Department of Defense described in subsection (b) may be au- thorized travel, transportation, and relocation expenses and allowances in connection with ap- pointments referred to in such subsection under the same conditions and to the same extent au- thorized by this subchapter for transferred em- ployees. (b) COVERED EMPLOYEES.—Subsection (a) ap- plies to any employee of the Department of De- fense who— (1) is scheduled for separation from the De- partment, other than for cause; (2) is selected for appointment to a con- tinuing position with the United States Postal Service; and (3) accepts the appointment. (Added Pub. L. 103–337, div. A, title III, § 345(a)(1), Oct. 5, 1994, 108 Stat. 2723.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–337, div. A, title III, § 345(b), Oct. 5, 1994, 108 Stat. 2724, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall apply to persons separated from employment with the Depart- ment of Defense on or after the date of the enactment of this Act [Oct. 5, 1994].’’ § 5736. Travel, transportation, and relocation ex- penses of certain nonappropriated fund em- ployees An employee of a nonappropriated fund instru- mentality of the Department of Defense or the Coast Guard described in section 2105(c) of this title who moves, without a break in service of more than 3 days, to a position in the Depart- ment of Defense or the Coast Guard, respec- tively, may be authorized travel, transpor- tation, and relocation expenses and allowances under the same conditions and to the same ex- tent authorized by this subchapter for trans- ferred employees. (Added Pub. L. 104–201, div. A, title XVI, § 1605(a)(1), Sept. 23, 1996, 110 Stat. 2736.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–201, div. A, title XVI, § 1605(b), Sept. 23, 1996, 110 Stat. 2736, provided that: ‘‘Section 5736 of title 5, United States Code (as added by subsection (a)(1)), shall apply to moves between positions as described in such section that are effective on or after October 1, 1996.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5737. Relocation expenses of an employee who is performing an extended assignment (a) Under regulations prescribed under section 5738 of this title, an agency may pay to or on be- half of an employee assigned from the employ- ee’s official station to a duty station for a pe- riod of not less than six months and not greater than 30 months, the following expenses in lieu of payment of expenses authorized under sub- chapter I of this chapter: (1) Travel expenses to and from the assign- ment location in accordance with section 5724 of this title. (2) Transportation expenses of the imme- diate family and household goods and personal effects to and from the assignment location in accordance with section 5724 of this title. (3) A per diem allowance for en route travel of the employee’s immediate family to and from the assignment location in accordance with section 5724a(a) of this title. (4) Travel and transportation expenses of the employee and spouse to seek new residence quarters at the assignment location in accord- ance with section 5724a(b) of this title. (5) Subsistence expenses of the employee and the employee’s immediate family while occu- pying temporary quarters upon commence- ment and termination of the assignment in ac- cordance with section 5724a(c) of this title. (6) An amount, in accordance with section 5724a(f), to be used by the employee for mis- cellaneous expenses of this title.1 (7) The expenses of transporting a privately owned motor vehicle or vehicles to the assign- ment location in accordance with section 5727 of this title. (8) An allowance as authorized under section 5724b of this title for Federal, State, and local Page 753 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5739 income taxes incurred on reimbursement of expenses paid under this section or on services provided in kind under this section. (9) Expenses of nontemporary storage of household goods and personal effects as de- fined in section 5726(a) of this title, subject to the limitation that the weight of the house- hold goods and personal effects stored, to- gether with the weight of property transported under section 5724(a) of this title, may not ex- ceed the total maximum weight which could be transported in accordance with section 5724(a) of this title. (10) Expenses of property management serv- ices. (b) An agency shall not make payment under this section to or on behalf of the employee for expenses incurred after termination of the tem- porary assignment. (Added Pub. L. 104–201, div. A, title XVII, § 1716, Sept. 23, 1996, 110 Stat. 2756.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Sept. 23, 1996, see sec- tion 1725(a) of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 5722 of this title. § 5737a. Employees temporarily deployed in con- tingency operations (a) DEFINITIONS.—For purposes of this sec- tion— (1) the term ‘‘covered employee’’ means an individual who— (A) is an employee of an Executive agency or a military department, excluding a Gov- ernment controlled corporation; and (B) is assigned on a temporary change of station in support of a contingency oper- ation; (2) the term ‘‘temporary change of station’’, as used with respect to an employee, means an assignment— (A) from the employee’s official duty sta- tion to a temporary duty station; and (B) for which such employee is eligible for expenses under section 5737; and (3) the term ‘‘contingency operation’’ has the meaning given such term by section 1482a(c) of title 10. (b) QUARTERS AND RATIONS.—The head of an agency may provide quarters and rations, with- out charge, to any covered employee of such agency during the period of such employee’s temporary assignment (as described in sub- section (a)(1)(B)). (c) STORAGE OF MOTOR VEHICLE.—The head of an agency may provide for the storage, without charge, or for the reimbursement of the cost of storage, of a motor vehicle that is owned or leased by a covered employee of such agency (or by a dependent of such an employee) and that is for the personal use of the covered employee. This subsection shall apply— (1) with respect to storage during the period of the employee’s temporary assignment (as described in subsection (a)(1)(B)); and (2) in the case of a covered employee, with respect to not more than one motor vehicle as of any given time. (d) RELATIONSHIP TO OTHER BENEFITS.—Any benefits under this section shall be in addition to (and not in lieu of) any other benefits for which the covered employee is otherwise eligi- ble. (Added Pub. L. 110–181, div. A, title XI, § 1104(a), Jan. 28, 2008, 122 Stat. 346.) § 5738. Regulations (a)(1) Except as specifically provided in this subchapter, the Administrator of General Serv- ices shall prescribe regulations necessary for the administration of this subchapter. (2) The Administrator of General Services shall include in the regulations authority for the head of an agency or his designee to waive any limitation of this subchapter or in any im- plementing regulation for any employee relo- cating to or from a remote or isolated location who would suffer hardship if the limitation were not waived. A waiver of a limitation under au- thority provided in the regulations pursuant to this paragraph shall be effective notwith- standing any other provision of this subchapter. (b) In prescribing regulations for the imple- mentation of section 5724b of this title, the Ad- ministrator of General Services shall consult with the Secretary of the Treasury. (c) The Secretary of Defense shall prescribe regulations necessary for the implementation of section 5735 of this title. (Added Pub. L. 104–201, div. A, title XVII, § 1722, Sept. 23, 1996, 110 Stat. 2758.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Sept. 23, 1996, see sec- tion 1725(a) of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 5722 of this title. § 5739. Authority for relocation expenses test programs (a)(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and ap- proves, an agency may pay through the proper disbursing official any necessary relocation ex- penses in lieu of any payment otherwise author- ized or required under this subchapter. An agen- cy shall include in any request to the Adminis- trator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program. (2) Any test program conducted under this sec- tion shall be designed to enhance cost savings or other efficiencies that accrue to the Govern- ment. (b) The Administrator shall transmit a copy of any test program approved or extended by the Administrator under this section to the appro- priate committees of the Congress at least 30 days before the effective date of the program or extension.