5 U.S.C. § 5731 — Expenses limited to lowest first-class rate

Page 750 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5730 (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 men- tal health, death of a member of the imme- diate family, or obligation imposed by author- ity or circumstances over which the individual has no control. (b) Under regulations prescribed under section 5738 of this title, an agency shall reimburse from its appropriations an employee whose post of duty is outside the continental United States for the proper transportation expenses of returning his immediate family and his household goods and personal effects to the United States, when— (1) their return was made at the expense of the employee before his return and for other than reasons of public interest; and (2) he acquires eligibility for those transpor- tation expenses. (c) This section does not apply to appropria- tions for the Foreign Service of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 505; Pub. L. 104–201, div. A, title XVII, § 1723(b)(1), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 105–264, § 6(9), Oct. 19, 1998, 112 Stat. 2356.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 73b–3(a) (5th and 6th provisos). Aug. 31, 1954, ch. 1155 (less 1st proviso), 68 Stat. 1008. The first 14 words of subsections (a) and (b), and sub- section (c), are added on authority of former section 73b–3(a) (less 3d–6th provisos), which is carried into sec- tion 5722. The words ‘‘household effects’’ and ‘‘house- hold goods’’ in the 5th and 6th provisos of former sec- tion 73b–3(a) are changed to ‘‘household goods and per- sonal effects’’ for clarity and consistency in the use of the words elsewhere in this subchapter. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1998—Subsecs. (a), (b). Pub. L. 105–264 struck out ‘‘or its territories or possessions’’ after ‘‘to the United States’’. 1996—Subsecs. (a), (b). Pub. L. 104–201 substituted ‘‘Under regulations prescribed under section 5738 of this title’’ for ‘‘Under such regulations as the President may prescribe’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of this title. § 5730. Funds available Funds available for travel expenses of an em- ployee are available for expenses of transpor- tation of his immediate family, and funds avail- able for transportation of things are available for transportation of household goods and per- sonal effects, as authorized by this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 506.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 73b–1(c). Aug. 2, 1946, ch. 744, § 1(c). 60 Stat. 807. Standard changes are made to conform with the defi- nitions 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 regula- tions prescribed under section 5738 of this title, that— (1) lowest first-class accommodations are not available; or (2) use of a compartment or other accommo- dation authorized or approved by the head of the agency concerned or his designee is re- quired for security purposes. (b) Instead of the maximum fixed by sub- section (a) of this section, the allowance to an employee of the Government for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accom- modations on the steamship that is equivalent as nearly as possible to the rate for the lowest first-class accommodations on trans-pacific steamships. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 506; Pub. L. 104–201, div. A, title XVII, § 1723(b)(4), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 105–264, § 6(10), Oct. 19, 1998, 112 Stat. 2356.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 73b. Mar. 3, 1933, ch. 212, § 10, 47 Stat. 1516. Aug. 2, 1946, ch. 744, § 6, 60 Stat. 808. (b) ............. 5 U.S.C. 73e. May 28, 1938, ch. 289, § 811, 52 Stat. 577. In subsection (a), the words ‘‘by or under authority of law’’ are omitted as surplusage. In subsection (b), the words ‘‘by or under authority of law’’ are omitted as surplusage. The words ‘‘after the date of the enactment of this Act’’ are omitted as obso- lete. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–264 substituted ‘‘Govern- ment’’ for ‘‘United States’’. 1996—Subsec. (a). Pub. L. 104–201 substituted ‘‘in ac- cordance with regulations prescribed under section 5738 of this title’’ for ‘‘in accordance with regulations pre- scribed by the President’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of this title. Page 751 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5733 § 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 Govern- ment, volunteers as defined by section 8142(a) of this title, and members of the uniformed serv- ices are available for the payment or reimburse- ment of general average contributions required. Appropriations are not available for the pay- ment or reimbursement of general average con- tributions— (1) required in connection with and applica- ble to quantities of baggage and household goods and personal effects in excess of quan- tities authorized by statute or regulation to be transported; (2) when the individual concerned is allowed under statute or regulation a commutation in- stead of actual transportation expenses; or (3) when the individual concerned selected the means of shipment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 506; Pub. L. 105–264, § 6(11), Oct. 19, 1998, 112 Stat. 2356.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 73b–5. June 4, 1954, ch. 264, § 4, 68 Stat. 176. .................. 22 U.S.C. 2504(h) (as applicable to 5 U.S.C. 73b–5). Dec. 13, 1963, Pub. L. 88–200, § 2(e) (as applicable to the Act of June 4, 1954, ch. 264, § 4 (5 U.S.C. 73b–5)), 77 Stat. 360. The word ‘‘personal’’ is added before the word ‘‘ef- fects’’ for clarity and to preserve consistency through- out this subchapter. The words ‘‘employees of the United States . . . and members of the uniformed serv- ices’’ are substituted for ‘‘military personnel and civil- ian employees of departments and agencies of the Fed- eral Government’’. The words ‘‘a volunteer as defined by section 8142(a) of this title’’ are based on sections 2504(a), 2505, and 2507 (a) of title 22. The words ‘‘pursu- ant to law’’ are omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1998—Pub. L. 105–264 substituted ‘‘Government’’ for ‘‘United States’’ in introductory provisions. Executive Documents EX. ORD. NO. 10614. PAYMENT OF GENERAL-AVERAGE CON- TRIBUTIONS IN CONNECTION WITH TRANSPORTATION OF EFFECTS Ex. Ord. No. 10614, May 25, 1955, 20 F.R. 3699, provided: SECTION 1. Definitions. As used in these regulations: (a) The term ‘‘military personnel’’ means members and former and deceased members of the uniformed services as defined in section 102 of the Career Com- pensation Act of 1949 (63 Stat. 804) [37 U.S.C. 101]. (b) The term ‘‘civilian employees’’ means civilian of- ficers and employees of a department, including For- eign Service personnel, and former and deceased civil- ian officers and employees. (c) The terms ‘‘military personnel’’ and ‘‘civilian em- ployees’’ shall also include those individuals enumer- ated under the term ‘‘person’’ as defined in section 1 of the Missing Persons Act, as amended [now section 5561 of this title]. (d) The term ‘‘department’’ means an executive de- partment, 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 num- ber 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 extraor- dinary 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 equip- ment, of military personnel and civilian employees as are authorized to be transported at Government ex- pense by law or regulations pursuant to law. SEC. 2. Allowance of general-average contributions. Whenever military personnel or civilian employees of a department are liable for general-average contributions arising out of shipments of household goods (as defined in section 1 (f) hereof), authorized or approved under law or regulations pursuant to law, disbursements shall be made, under rules and regulations prescribed by the head of the department concerned, from appropriations chargeable for the transportation of baggage and household goods and effects (a) for the payment of the general-average contributions for which such military personnel or civilian employees are liable, or (b) for the reimbursement of such military personnel or civilian employees in the amounts of their general-average li- ability paid by them and for which receipts are fur- nished, subject to the limitations set forth in section 3 hereof. SEC. 3. Limitations. The provisions of section 2 hereof shall not apply: (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 auto- mobiles) 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 con- tribution shall not exceed the proportion that the ap- plicable limitation, by weight or volume, bears to the total quantity, by weight or volume, of the household goods shipped. SEC. 4. Effective date. This order shall be effective in any case in which the loss involved occurs, or has oc- curred, on or after June 4, 1954. DWIGHT D. EISENHOWER. § 5733. Expeditious travel The travel of an employee shall be by the most expeditious means of transportation practicable and shall be commensurate with the nature and purpose of the duties of the employee requiring such travel. (Added Pub. L. 90–206, title II, § 222(c)(1), Dec. 16, 1967, 81 Stat. 641.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective thirty days after Dec. 16, 1967, see section 220(a)(4) of Pub. L. 90–206, set out as an Effec-