5 U.S.C. § 5729 — Transportation expenses; prior return of

Page 749 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5729 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 appoint- ment 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 ac- tual place of residence to take leave before serv- ing 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 regulations prescribed under section 5738 of this title, an agency shall pay from its appropriations the expenses of round-trip travel of an employee of the Government appointed by the President, by and with the advice and con- sent 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 regulations prescribed under sec- tion 5738 of this title, an agency may pay, sub- ject to paragraph (3) of this subsection, the ex- penses described in paragraph (2) of this sub- section in any case in which the head of the agency determines that the payment of such ex- penses 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 ap- pointment or transfer to the post of duty, in- curred 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 be- fore departing from the post of duty. (3) The payment of expenses of any employee and the transportation of his family under para- graph (1) of this subsection is limited to the ex- penses of travel and transportation incurred for not more than two round trips commenced with- in 5 years after the date the employee first com- mences any period of consecutive tours of duty in Alaska or Hawaii. (d) 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. 97–253, title III, § 351(a), (b), Sept. 8, 1982, 96 Stat. 800; Pub. L. 104–201, div. A, title XVII, § 1723(b)(1), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 105–264, § 6(8), 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–3(a) (3d proviso). Aug. 31, 1954, ch. 1155 (1st proviso), 68 Stat. 1008. (b) ............. 5 U.S.C. 73b–3(a) (4th proviso). Sept. 2, 1958, Pub. L. 85–858, 72 Stat. 1274. 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. 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 ‘‘an em- ployee of the Government’’ for ‘‘an employee of the United States’’. 1996—Subsecs. (a) to (c)(1). Pub. L. 104–201, § 1723(b)(1), substituted ‘‘Under regulations prescribed under sec- tion 5738 of this title’’ for ‘‘Under such regulations as the President may prescribe’’. 1982—Subsecs. (a), (b). Pub. L. 97–253, § 351(a), inserted ‘‘, Alaska, and Hawaii’’ after ‘‘continental United States’’ wherever appearing. Subsecs. (c), (d). Pub. L. 97–253, § 351(b), added subsec. (c) and redesignated former subsec. (c) as (d). 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. EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–253, title III, § 351(c), (d), Sept. 8, 1982, 96 Stat. 800, as amended by Pub. L. 97–346, § 3(m), Oct. 15, 1982, 96 Stat. 1649, provided that: ‘‘(c)(1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect with respect to expenses in- curred 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 fam- ily from his post of duty to the place of his actual resi- dence 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 ‘em- ployee’ shall have the same meaning as provided in sec- tion 5721(2) of title 5, United States Code.’’ § 5729. Transportation expenses; prior return of family (a) Under regulations prescribed under section 5738 of this title, an agency shall pay from its appropriations, not more than once before the return to the United States 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 trans- portation; or 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.