5 U.S.C. § 5707a — Adherence to fire safety guidelines in es-

Page 732 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5707a tions for the expenses of employee relocation. All obli- gations incident to employee relocation authorized under either chapter 57 of title 5, United States Code, or section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081; Public Law 96–465), shall be included. Such information for the past, current, and budget years shall be included in the agency budget submission to the President. The Director of the Office of Manage- ment and Budget shall prepare a table presenting obli- gations for the expenses of employee relocation for all departments and agencies, and such table shall be transmitted to Congress each year as part of the Presi- dent’s annual budget.’’ GAO AUDIT OF AGENCY COMPLIANCE Pub. L. 101–391, § 5(b), Sept. 25, 1990, 104 Stat. 751, which provided that not later than 6 months after the last day of the first fiscal year during which lodging ex- penses were subject to the requirements of former sub- sec. (d) of this section, and not later than 6 months after the last day of every fiscal year thereafter, the Comptroller General was to conduct an audit of the compliance of agencies with the requirements of such subsection, and was to submit a report to Congress de- scribing the results of such audit, was repealed by Pub. L. 104–201, div. A, title XVI, § 1614(a)(2), Sept. 23, 1996, 110 Stat. 2739, and Pub. L. 104–316, title I, § 103(f), Oct. 19, 1996, 110 Stat. 3829. § 5707a. Adherence to fire safety guidelines in es- tablishing rates and discounts for lodging ex- penses (a)(1) For the purpose of making payments under this chapter for lodging expenses incurred in a State, each agency shall ensure that not less than 90 percent of the commercial-lodging room nights for employees of that agency for a fiscal year are booked in approved places of pub- lic accommodation. (2) Each agency shall establish explicit proce- dures to satisfy the percentage requirement of paragraph (1). (3) An agency shall be considered to be in com- pliance with the percentage requirement of paragraph (1) until September 30, 2002, and after that date if travel arrangements of the agency, whether made for civilian employees, members of the uniformed services, or foreign service per- sonnel, are made through travel management processes designed to book commercial lodging in approved places of public accommodation, whenever available. (b) Studies or surveys conducted for the pur- poses of establishing per diem rates for lodging expenses under this chapter shall be limited to approved places of public accommodation. The provisions of this subsection shall not apply with respect to studies and surveys that are con- ducted in any jurisdiction that is not a State. (c) 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 is not an approved place of public accommodation. (d) The Administrator of General Services shall include in each directory which lists lodg- ing accommodations a description of the access and safety devices, including appropriate emer- gency alerting devices, which each listed place of public accommodation provides for guests who are hearing-impaired or visually or phys- ically handicapped. (e) The Administrator of General Services may take any additional actions the Administrator determines appropriate to facilitate the ability of employees traveling on official business to stay at approved places of public accommoda- tion. (f) For purposes of this section: (1) The term ‘‘agency’’ does not include the government of the District of Columbia. (2) The term ‘‘approved places of public ac- commodation’’ means hotels, motels, and other places of public accommodation that are listed by the Administrator of the Federal Emergency Management Agency as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2225). (3) The term ‘‘State’’ means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the North- ern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States. (Added Pub. L. 101–391, § 4(a), Sept. 25, 1990, 104 Stat. 749; amended Pub. L. 105–85, div. A, title XI, § 1107(a)–(c), Nov. 18, 1997, 111 Stat. 1924, 1925; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.) Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–85, § 1107(a)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 105–85, § 1107(c)(1), substituted ‘‘approved places of public accommodation’’ for ‘‘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 Con- trol Act of 1974’’ and struck out ‘‘as defined in section 4 of the Federal Fire Prevention and Control Act of 1974’’ after ‘‘that is not a State’’. Pub. L. 105–85, § 1107(a)(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 105–85, § 1107(c)(2), substituted ‘‘is not an approved place of public accommodation’’ for ‘‘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’’. Pub. L. 105–85, § 1107(a)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 105–85, § 1107(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 105–85, § 1107(c)(3), substituted ‘‘fa- cilitate the ability of’’ for ‘‘encourage’’ and ‘‘approved places of public accommodation’’ for ‘‘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’’. Pub. L. 105–85, § 1107(a)(1), redesignated subsec. (d) as (e). Subsec. (f). Pub. L. 105–85, § 1107(b), added subsec. (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (f)(2) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to Page 733 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5711 refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. EFFECTIVE DATE Pub. L. 101–391, § 4(c), Sept. 25, 1990, 104 Stat. 750, pro- vided that: ‘‘The amendments made by this section [en- acting this section] shall take effect 60 days after the date of the publication in the Federal Register [Nov. 24, 1992, 57 F.R. 55314] of the master list of certified places of public accommodation maintained by the Director [now Administrator] of the Federal Emergency Man- agement Agency pursuant to section 28(b) of the Fed- eral Fire Prevention and Control Act of 1974 [15 U.S.C. 2224(b)] (as added by section 3 of this Act).’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 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 allow- ances 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 exam- ination of estimates in the field. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 500.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (1), (2) ....... 5 U.S.C. 841. June 9, 1949, ch. 185, § 8, 63 Stat. 167. (3), (4) ....... 5 U.S.C. 842. June 9, 1949, ch. 185, § 9, 63 Stat. 167. 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 ex- ecuted. 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 omit- ted as executed and existing rights are preserved by technical section 8. 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. § 5709. Air evacuation patients: furnished subsist- ence Notwithstanding any other provision of law, and under regulations prescribed under section 5707 of this title, an employee and his depend- ents may be furnished subsistence without charge while being evacuated as a patient by military aircraft of the United States. (Added Pub. L. 91–481, § 1(1), Oct. 21, 1970, 84 Stat. 1081.) § 5710. Authority for travel expenses test pro- grams (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 for a period not to exceed 24 months any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the ex- pected 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. (3) Nothing in this section is intended to limit the authority of any agency to conduct test pro- grams. (b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate commit- tees of the Congress at least 30 days before the effective date of the program. (c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate commit- tees of the Congress a report on the results of the program no later than 3 months after com- pletion of the program. (d) No more than 10 test programs under this section may be conducted simultaneously. (e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Travel and Trans- portation Reform Act of 1998. (Added Pub. L. 105–264, § 5(a), Oct. 19, 1998, 112 Stat. 2354.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Travel and Trans- portation Reform Act of 1998, referred to in subsec. (e), is the date of enactment of Pub. L. 105–264, which was approved Oct. 19, 1998. § 5711. Authority for telework travel expenses programs (a) Except as provided under subsection (f)(1), in this section, the term ‘‘appropriate commit- tees of Congress’’ means— (1) the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Oversight and Govern- ment Reform of the House of Representatives. (b)(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 employing agency may pay through the proper disbursing official any necessary travel expenses in lieu of any payment other- wise authorized or required under this sub- chapter for employees participating in a telework program. Under an approved test pro- gram, an agency may provide an employee with