5 U.S.C. § 5742 — Transportation of remains, dependents,

Page 754 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5741 (c)(1) An agency authorized to conduct a test program under subsection (a) shall annually submit a report on the results of the program to date to the Administrator. (2) Not later than 3 months after completion of a test program, the agency conducting the program shall submit a final report on the re- sults of the program to the Administrator and the appropriate committees of Congress. (d) No more than 12 test programs under this section may be conducted simultaneously. (e)(1) The Administrator may not approve any test program for an initial period of more than 4 years. (2)(A) Upon the request of the agency admin- istering a test program, the Administrator may extend the program. (B) An extension under subparagraph (A) may not exceed 4 years. (C) The Administrator may exercise more than 1 extension under subparagraph (A) with respect to any test program. (Added Pub. L. 105–264, § 5(b), Oct. 19, 1998, 112 Stat. 2355; amended Pub. L. 109–325, § 1(a), Oct. 11, 2006, 120 Stat. 1760; Pub. L. 111–112, § 1(a), Nov. 30, 2009, 123 Stat. 3024.) Editorial Notes AMENDMENTS 2009—Subsec. (a)(3). Pub. L. 111–112, § 1(a)(1), struck out par. (3) which read as follows: ‘‘Nothing in this sec- tion is intended to limit the authority of any agency to conduct test programs.’’ Subsec. (b). Pub. L. 111–112, § 1(a)(2), inserted ‘‘or ex- tended’’ after ‘‘approved’’ and ‘‘or extension’’ after ‘‘of the program’’. Subsec. (c). Pub. L. 111–112, § 1(a)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a re- port on the results of the program no later than 3 months after completion of the program.’’ Subsec. (d). Pub. L. 111–112, § 1(a)(4), substituted ‘‘12’’ for ‘‘10’’. Subsec. (e). Pub. L. 111–112, § 1(a)(5), added subsec. (e) and struck out former subsec. (e) which read as follows: ‘‘The authority to conduct test programs under this section shall expire 11 years after the date of the enact- ment of the Travel and Transportation Reform Act of 1998.’’ 2006—Subsec. (a)(1). Pub. L. 109–325, § 1(a)(1), struck out ‘‘for a period not to exceed 24 months’’ after ‘‘dis- bursing official’’. Subsec. (e). Pub. L. 109–325, § 1(a)(2), substituted ‘‘11 years’’ for ‘‘7 years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–112, § 1(b), Nov. 30, 2009, 123 Stat. 3025, pro- vided that: ‘‘This section [amending this section] shall take effect on December 18, 2009.’’ EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–325, § 1(b), Oct. 11, 2006, 120 Stat. 1760, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect as though en- acted as part of the Travel and Transportation Reform Act of 1998 (Public Law 105–264; 112 Stat. 2350).’’ 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. (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. 103. June 7, 1897, ch. 3, § 1 (last proviso on p. 86), 30 Stat. 86. The words ‘‘a military department’’ are inserted to preserve the application of the source law. Before en- actment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the De- partment of the Navy, and the Department of the Air Force were Executive departments. The National Secu- rity Act Amendments of 1949 established the Depart- ment of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the mili- tary departments by virtue of section 12(g) of the Na- tional Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. Standard changes are made to conform with the defi- nitions 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 offi- cial 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 pro- vided 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; (2) the expense of transporting his depend- ents, 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— (A) the employee died while performing of- ficial duties outside the continental United States or in transit thereto or therefrom; or Page 755 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5742 1 See References in Text note below. (B) in the case of an employee who was a party to a mandatory mobility agreement that was in effect when the employee died— (i) the employee died in the cir- cumstances described in subparagraph (A); or (ii)(I) the employee died as a result of disease or injury incurred while per- forming official duties— (aa) in an overseas location that, at the time such employee was performing such official duties, was within the area of responsibility of the Commander of the United States Central Command; and (bb) in direct support of or directly re- lated to a military operation, including a contingency operation (as defined in section 101(13) 1 of title 10) or an oper- ation in response to an emergency de- clared by the President; and (II) the employee’s dependents were re- siding either outside the continental United States or within the continental United States when the employee died; and (3) the travel expenses of not more than 2 persons to escort the remains of a deceased employee, if death occurred while the em- ployee was in travel status away from his offi- cial station in the United States or while per- forming official duties outside the United States or in transit thereto or therefrom, from the place of death to the home or official sta- tion of such person, or such other place appro- priate for interment as is determined by the head of the agency concerned. (c) When a dependent of an employee dies while residing with the employee performing of- ficial 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 serv- ices and supplies furnished under this subsection shall be collected and credited to current appro- priations available for the payment of these costs. (d) The benefits of this section may not be de- nied because the deceased was temporarily ab- sent 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 507; Pub. L. 101–510, div. A, title XII, § 1206(d), Nov. 5, 1990, 104 Stat. 1661; Pub. L. 105–277, div. A, § 101(d) [title V, § 589(b)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–210; Pub. L. 110–181, div. A, title XI, § 1103(a), Jan. 28, 2008, 122 Stat. 346.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a)–(c) ....... 5 U.S.C. 103a. July 8, 1940, ch. 551, § 1, 54 Stat. 743. July 15, 1954, ch. 507, § 7(b), 68 Stat. 479. (d) ............. 5 U.S.C. 103b. July 8, 1940, ch. 551, § 2, 54 Stat. 744. Subsection (a) is based on the words ‘‘department, independent establishment, agency, or federally owned or controlled corporation, hereinafter called depart- ment’’ in former section 103a. The terms ‘‘Executive agency’’ and ‘‘military department’’ include a depart- ment, 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 en- actment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the De- partment of the Navy, and the Department of the Air Force were Executive departments. The National Secu- rity Act Amendments of 1949 established the Depart- ment of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force, as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the mili- tary departments by virtue of section 12(g) of the Na- tional Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 101 of title 10, referred to in subsec. (b)(2)(B)(ii)(I)(bb), was subsequently amended, and the term ‘‘contingency operation’’ is now defined in section 101(a)(13) of title 10. AMENDMENTS 2008—Subsec. (b)(2). Pub. L. 110–181 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘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 out- side the continental United States or in transit thereto or therefrom; and’’. 1998—Subsec. (b)(3). Pub. L. 105–277 added par. (3). 1990—Subsec. (b)(1), (2). Pub. L. 101–510, § 1206(d)(1), in- serted ‘‘continental’’ after ‘‘outside the’’. Subsec. (e). Pub. L. 101–510, § 1206(d)(2), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title XI, § 1103(b), Jan. 28, 2008, 122 Stat. 346, provided that: ‘‘The amendment made by Page 756 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5751 subsection (a) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Jan. 28, 2008].’’ TRAVEL TO UNITED STATES FOR IMMEDIATE FAMILY OF EMPLOYEES SERVING ABROAD Pub. L. 110–161, div. D, title VII, § 701, Dec. 26, 2007, 121 Stat. 2019, provided that: ‘‘Hereafter, funds appro- priated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee.’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (b) of this sec- tion to prescribe regulations with respect to payment of expenses when an employee dies delegated to Admin- istrator 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 section 301 of Title 3, The President. Authority of President under subsec. (e) of this sec- tion 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 5301 of this title. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS Editorial Notes AMENDMENTS 1970—Pub. L. 91–563, § 4(a), Dec. 19, 1970, 84 Stat. 1477, added heading of Subchapter IV. § 5751. Travel expenses of witnesses (a) Under such regulations as the Attorney General may prescribe, an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) summoned, or as- signed by his agency, to testify or produce offi- cial records on behalf of the United States is en- titled to travel expenses under subchapter I of this chapter. If the case involves the activity in connection with which he is employed, the trav- el expenses are paid from the appropriation oth- erwise available for travel expenses of the em- ployee under proper certification by a certifying official of the agency concerned. If the case does not involve its activity, the employing agency may advance or pay the travel expenses of the employee, and later obtain reimbursement from the agency properly chargeable with the travel expenses. (b) An employee as defined by section 2105 of this title (except an individual whose pay is dis- bursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) summoned, or assigned by his agency, to testify in his official capacity or produce official records, on behalf of a party other than the United States, is entitled to trav- el expenses under subchapter I of this chapter, except to the extent that travel expenses are paid to the employee for his appearance by the court, authority, or party which caused him to be summoned. (Added Pub. L. 91–563, § 4(a), Dec. 19, 1970, 84 Stat. 1477; amended Pub. L. 104–186, title II, § 215(9), Aug. 20, 1996, 110 Stat. 1746.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–186 substituted ‘‘Chief Administra- tive Officer’’ for ‘‘Clerk’’ in subsecs. (a) and (b). § 5752. Travel expenses of Senior Executive Serv- ice candidates Employing agencies may pay candidates for Senior Executive Service positions travel ex- penses incurred incident to preemployment interviews requested by the employing agency. (Added Pub. L. 95–454, title IV, § 409(b), Oct. 13, 1978, 92 Stat. 1173.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title. § 5753. Recruitment and relocation bonuses (a)(1) This section may be applied to— (A) employees covered by the General Sched- ule pay system established under subchapter III of chapter 53; and (B) employees in a category approved by the Office of Personnel Management at the re- quest of the head of an Executive agency. (2) A bonus may not be paid under this section to an individual who is appointed to or who holds— (A) a position to which an individual is ap- pointed by the President, by and with the ad- vice and consent of the Senate, excluding members of the Foreign Service other than chiefs of mission and ambassadors at large; (B) a position in the Senior Executive Serv- ice as a noncareer appointee (as such term is defined under section 3132(a)); or (C) a position which has been excepted from the competitive service by reason of its con- fidential, policy-determining, policy-making, or policy-advocating character. (3) In this section, the term ‘‘employee’’ has the meaning given that term in section 2105, ex- cept that such term also includes an employee described in subsection (c) of that section. (b) The Office of Personnel Management may authorize the head of an agency to pay a bonus under this section to an individual only if— (1) the position to which such individual is appointed (as described in paragraph (2)(A)) or to which such individual moves or must relo- cate (as described in paragraph (2)(B)) is likely to be difficult to fill in the absence of such a bonus; and (2) the individual— (A) is newly appointed as an employee of the Federal Government; or (B)(i) is currently employed by the Federal Government; and (ii)(I) moves to a new position in the same geographic area under circumstances de- scribed in regulations of the Office; or (II) must relocate to accept a position in a different geographic area.