5 U.S.C. § 5711 — Authority for telework travel expenses

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 The first sentence of section 9 of the Act of June 9, 1949, which repealed the Subsistence Act of 1926 and the Auto Mileage Act of February 14, 1931, is omitted as ex- ecuted.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 Page 734 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5711 the option to waive any payment 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 expected costs and benefits and a set of cri- teria for evaluating the effectiveness of the pro- gram. (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) Under any test program, if an agency em- ployee voluntarily relocates from the pre-exist- ing duty station of that employee, the Adminis- trator may authorize the employing agency to establish a reasonable maximum number of oc- casional visits to the pre-existing duty station before that employee is eligible for payment of any accrued travel expenses by that agency. (4) Nothing in this section is intended to limit the authority of any agency to conduct test pro- grams. (c) The Administrator shall transmit a copy of any test program approved by the Administrator under this section, and the rationale for ap- proval, to the appropriate committees of Con- gress at least 30 days before the effective date of the program. (d)(1) An agency authorized to conduct a test program under subsection (b) shall provide to the Administrator, the Telework Managing Offi- cer of that agency, and the appropriate commit- tees of Congress a report on the results of the program not later than 3 months after comple- tion of the program. (2) The results in a report described under paragraph (1) may include— (A) the number of visits an employee makes to the pre-existing duty station of that em- ployee; (B) the travel expenses paid by the agency; (C) the travel expenses paid by the em- ployee; or (D) any other information the agency deter- mines useful to aid the Administrator, Telework Managing Officer, and Congress in understanding the test program and the im- pact of the program. (e) No more than 10 test programs under this section may be conducted simultaneously. (f)(1) In this subsection, the term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform of the House of Representatives; (C) the Committee on the Judiciary of the Senate; and (D) the Committee on the Judiciary of the House of Representatives. (2) The Patent and Trademark Office shall conduct a program under this subsection. (3) In conducting the program under this sub- section, the Patent and Trademark Office may pay any travel expenses of an employee for trav- el to and from a Patent and Trademark Office worksite or provide an employee with the option to waive any payment authorized or required under this subchapter, if— (A) the employee is employed at a Patent and Trademark Office worksite and enters into an approved telework arrangement; (B) the employee requests to telework from a location beyond the local commuting area of the Patent and Trademark Office worksite; and (C) the Patent and Trademark Office ap- proves the requested arrangement for reasons of employee convenience instead of an agency need for the employee to relocate in order to perform duties specific to the new location. (4)(A) The Patent and Trademark Office shall establish an oversight committee comprising an equal number of members representing manage- ment and labor, including representatives from each collective bargaining unit. (B) The oversight committee shall develop and maintain the operating procedures for the pro- gram under this subsection to— (i) provide for the effective and appropriate functioning of the program; and (ii) ensure that— (I) reasonable technological or other alter- natives to employee travel are used before requiring employee travel, including tele- conferencing, videoconferencing or internet- based technologies; (II) the program is applied consistently and equitably throughout the Patent and Trademark Office; and (III) an optimal operating standard is de- veloped and implemented for maximizing the use of the telework arrangement de- scribed under paragraph (2) while mini- mizing agency travel expenses and employee travel requirements. (5)(A) The program under this subsection shall be designed to enhance cost savings or other ef- ficiencies that accrue to the Government. (B) The Director of the Patent and Trademark Office shall prepare and submit to the appro- priate committees of Congress an annual report on the operation of the program under this sub- section, which shall include— (i) the costs and benefits of the program; and (ii) an analysis of the effectiveness of the program, as determined under criteria devel- oped by the Director. (C) With respect to an employee of the Patent and Trademark Office who voluntarily relocates from the pre-existing duty station of that em- ployee, the operating procedures of the program may include a reasonable maximum number of occasional visits to the pre-existing duty station before that employee is eligible for payment of any accrued travel expenses by the Office. (g) The authority to conduct test programs under subsection (b) shall expire on December 31, 2020. (Added Pub. L. 111–292, § 3(a), Dec. 9, 2010, 124 Stat. 3171; amended Pub. L. 115–232, div. A, title XI, § 1105(a), Aug. 13, 2018, 132 Stat. 2001; Pub. L. 116–283, div. A, title XI, § 1112(a), Jan. 1, 2021, 134 Stat. 3893.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1112(a)(1), struck out ‘‘test’’ be- fore ‘‘programs’’ in section catchline. Subsec. (f)(1). Pub. L. 116–283, § 1112(a)(2)(A)(i), sub- stituted ‘‘appropriate committees’’ for ‘‘appropriate committee’’ in introductory provisions. Page 735 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5722 Subsec. (f)(1)(B). Pub. L. 116–283, § 1112(a)(2)(A)(ii), struck out ‘‘Government’’ before ‘‘Reform’’. Subsec. (f)(2). Pub. L. 116–283, § 1112(a)(2)(B), struck out ‘‘test’’ before ‘‘program’’ and substituted ‘‘sub- section’’ for ‘‘section, including the provision of reports in accordance with subsection (d)(1)’’. Subsec. (f)(4)(B). Pub. L. 116–283, § 1112(a)(2)(C), in- serted ‘‘and maintain’’ after ‘‘develop’’ in introductory provisions. Subsec. (f)(5)(A). Pub. L. 116–283, § 1112(a)(2)(D)(i), struck out ‘‘test’’ before ‘‘program’’. Subsec. (f)(5)(B). Pub. L. 116–283, § 1112(a)(2)(D)(ii), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘(B) The Director of the Patent and Trademark Of- fice shall— ‘‘(i) prepare an analysis of the expected costs and benefits and a set of criteria for evaluating the effec- tiveness of the program; and ‘‘(ii) before the test program is implemented, sub- mit the analysis and criteria to the Administrator of General Services and to the appropriate committees of Congress.’’ Subsec. (g). Pub. L. 116–283, § 1112(a)(3), substituted ‘‘subsection (b)’’ for ‘‘this section’’. 2018—Subsec. (g). Pub. L. 115–232 substituted ‘‘on De- cember 31, 2020’’ for ‘‘7 years after the date of the enact- ment of the Telework Enhancement Act of 2010’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–232, div. A, title XI, § 1105(b), Aug. 13, 2018, 132 Stat. 2001, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect as though enacted on December 1, 2017.’’ SUBCHAPTER II—TRAVEL AND TRANSPOR- TATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES § 5721. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means— (A) an Executive agency; (B) a military department; (C) a court of the United States; (D) the Administrative Office of the United States Courts; (E) the Library of Congress; (F) the Botanic Garden; (G) the Architect of the Capitol; (H) the Government Publishing Office; and (I) the government of the District of Co- lumbia; but does not include a Government controlled corporation; (2) ‘‘employee’’ means an individual em- ployed in or under an agency; (3) ‘‘continental United States’’ means the several States and the District of Columbia, but does not include Alaska or Hawaii; (4) ‘‘Government’’ means the Government of the United States and the government of the District of Columbia; (5) ‘‘appropriation’’ includes funds made available by statute under section 9104 of title 31; (6) ‘‘United States’’ means the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the territories and possessions of the United States, and the areas and installations in the Republic of Pan- ama that are made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979); and (7) ‘‘Foreign Service of the United States’’ means the Foreign Service as constituted under the Foreign Service Act of 1980. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 500; Pub. L. 97–258, § 3(a)(14), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 105–264, § 6(1), Oct. 19, 1998, 112 Stat. 2356; Pub. L. 110–161, div. H, title I, § 1303(a), Dec. 26, 2007, 121 Stat. 2242; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) HISTORICAL AND REVISION NOTES The section is based on sections 18 and 19 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811, 812. Sections 18 and 19 of the Act of Aug. 2, 1946, are omitted from this title and transferred to other titles of the United States Code since such sections apply also to sections 9, 11, and 16(a) of the Act of Aug. 2, 1946, which sections ap- pear in titles 31 and 41 of the United States Code. 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 3(a) of the Panama Canal Act of 1979, referred to in par. (6), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse. The Foreign Service Act of 1980, referred to in par. (7), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Ta- bles. AMENDMENTS 2007—Par. (1)(G) to (I). Pub. L. 110–161 added subpar. (G) and redesignated former subpars. (G) and (H) as (H) and (I), respectively. 1998—Pars. (6), (7). Pub. L. 105–264 added pars. (6) and (7). 1982—Par. (5). Pub. L. 97–258 substituted ‘‘section 9104’’ for ‘‘section 849’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in par. (1)(H) on author- ity of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. § 5722. Travel and transportation expenses of new appointees; posts of duty outside the continental United States (a) Under regulations prescribed under section 5738 of this title and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations—