5 U.S.C. § 5723 — Travel and transportation expenses of

Page 736 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5723 (1) travel expenses of a new appointee and transportation expenses of his immediate fam- ily and his household goods and personal ef- fects from the place of actual residence at the time of appointment to the place of employ- ment outside the continental United States; (2) these expenses on the return of an em- ployee from his post of duty outside the conti- nental United States to the place of his actual residence at the time of assignment to duty outside the continental United States; and (3) the expenses of transporting a privately owned motor vehicle as authorized under sec- tion 5727(c) of this title. (b) An agency may pay expenses under sub- section (a)(1) of this section only after the indi- vidual selected for appointment agrees in writ- ing to remain in the Government service for a minimum period of— (1) one school year as determined under chapter 25 of title 20, if selected for appoint- ment to a teaching position, except as a sub- stitute, in the Department of Defense under that chapter; or (2) 12 months after his appointment, if se- lected for appointment to any other position; unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the ex- penses is recoverable from the individual as a debt due the Government. (c) An agency may pay expenses under sub- section (a)(2) of this section only after the indi- vidual has served for a minimum period of— (1) one school year as determined under chapter 25 of title 20, if employed in a teaching position, except as a substitute, in the Depart- ment of Defense under that chapter; or (2) not less than one nor more than 3 years prescribed in advance by the head of the agen- cy, if employed in any other position; unless separated for reasons beyond his control which are acceptable to the agency concerned. These expenses are payable whether the separa- tion is for Government purposes or for personal convenience. (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. 501; Pub. L. 104–201, div. A, title XVII, §§ 1715(b)(1), 1723(b)(1), Sept. 23, 1996, 110 Stat. 2755, 2759; Pub. L. 105–264, § 6(2), 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) (less 3d–6th pro- viso). Aug. 2, 1946, ch. 744, § 7, 60 Stat. 808. Sept. 23, 1950, ch. 1010, § 2, 64 Stat. 985. Aug. 30, 1961, Pub. L. 87–172, § 2, 75 Stat. 409. In subsections (b)(1) and (c)(1), the words ‘‘under chapter 25 of title 20’’ are substituted for ‘‘under the Defense Department Overseas Teachers Pay and Per- sonnel Practices Act’’ to reflect the scheduled transfer of that Act from chapter 34 of title 5 to chapter 25 of title 20. 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. (a)(2). Pub. L. 105–264, § 6(2)(A), sub- stituted ‘‘continental United States;’’ for ‘‘United States;’’. Subsec. (b). Pub. L. 105–264, § 6(2)(B), substituted ‘‘Government’’ for ‘‘United States’’ in two places in concluding provisions. 1996—Subsec. (a). Pub. L. 104–201, § 1723(b)(1), in intro- ductory provisions, substituted ‘‘Under regulations pre- scribed under section 5738 of this title’’ for ‘‘Under such regulations as the President may prescribe’’. Subsec. (a)(3). Pub. L. 104–201, § 1715(b)(1), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title XVII, § 1725(a), Sept. 23, 1996, 110 Stat. 2760, provided that: ‘‘The amendments made by this title [enacting sections 5737, 5738, and 5756 of this title, amending this section, sections 3375, 5723 to 5724c, 5726 to 5729, and 5731 of this title, section 1348 of Title 31, Money and Finance, section 707 of Title 38, Veterans’ Benefits, and sections 290aa and 299c–4 of Title 42, The Public Health and Welfare] shall take ef- fect 180 days after the date of the enactment of this Act [Sept. 23, 1996].’’ REGULATIONS Pub. L. 104–201, div. A, title XVII, § 1725(b), Sept. 23, 1996, 110 Stat. 2760, provided that: ‘‘The Administrator of General Services shall, not later than the effective date set forth under subsection (a) [set out above], issue final regulations implementing the amendments made by this title [see Effective Date of 1996 Amend- ment note above].’’ ASSESSMENT OF COST SAVINGS Pub. L. 104–201, div. A, title XVII, § 1724, Sept. 23, 1996, 110 Stat. 2759, directed Comptroller General, not later than one year after the effective date set forth in sec- tion 1725(a) of Pub. L. 104–201, to submit to Congress an assessment of costs of Federal travel administration that were saved as a result of the amendments made by title XVII of div. A of Pub. L. 104–201 and the regula- tions prescribed to carry out the amendments. § 5723. Travel and transportation expenses of new appointees and student trainees (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— (1) travel expenses (A) of a new appointee, or a student trainee when assigned on completion of college work, to any position, (B) of a new appointee to the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or (C) of any person appointed by the President to a position the rate of pay for which is equal to or higher than the minimum rate of pay payable for a position classified above GS–15 pursuant to section 5108; (2) transportation expenses of his immediate family and his household goods and personal effects to the extent authorized by section 5724 of this title; and (3) the expenses of transporting a privately owned motor vehicle as authorized under sec- tion 5727(c) of this title; Page 737 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5723 from his place of residence at the time of selec- tion or assignment to his duty station. If the travel and transportation expenses of a student trainee were paid when he was appointed, they may not be paid when he is assigned after com- pletion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employ- ees by subchapter I of this chapter. Advances of funds may be made for the expenses authorized by this subsection to the extent authorized by section 5724(f) of this title. In the case of an ap- pointee described in paragraph (1) who has per- formed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note), the provisions of paragraphs (1) and (2) may apply to travel and transportation expenses from the place of residence of such appointee (at the time of relocation following the most recent general elections held to determine the electors of the President) to the assigned duty station of such appointee. (b) An agency may pay travel and transpor- tation expenses under subsection (a) of this sec- tion only after the individual selected or as- signed agrees in writing to remain in the Gov- ernment service for 12 months after his appoint- ment or assignment, unless separated for rea- sons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Govern- ment for the expenses is recoverable from the individual as a debt due the Government. (c) An agency may pay travel and transpor- tation expenses under subsection (a) of this sec- tion whether or not the individual selected has been appointed at the time of the travel. In the case of an appointee described in subsection (a)(1) who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note), the travel or transportation shall take place at any time after the most recent general elections held to determine the electors of the President. (d) This section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation ex- penses of individuals named by subsection (a) of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 502; Pub. L. 95–454, title III, § 305, title IV, § 409(a), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1147, 1173, 1224; Pub. L. 98–151, § 118(a)(1), Nov. 14, 1983, 97 Stat. 977; Pub. L. 98–473, title I, § 120(a), Oct. 12, 1984, 98 Stat. 1968; Pub. L. 100–325, § 2(j), May 30, 1988, 102 Stat. 582; Pub. L. 100–398, § 6, Aug. 17, 1988, 102 Stat. 987; Pub. L. 101–509, title V, § 529 [title II, § 206(b)], Nov. 5, 1990, 104 Stat. 1427, 1457; Pub. L. 102–378, § 2(48), Oct. 2, 1992, 106 Stat. 1353; Pub. L. 104–201, div. A, title XVII, §§ 1715(b)(2), 1723(b)(1), Sept. 23, 1996, 110 Stat. 2755, 2759; Pub. L. 105–264, § 6(3), 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 (less (a)). Aug. 25, 1958, Pub. L. 85–749, 72 Stat. 843. July 5, 1960, Pub. L. 86–587, § 1, 74 Stat. 327. Oct. 16, 1963, Pub. L. 88–146, 77 Stat. 252. 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 of the Presidential Transition Act of 1963, referred to in subsecs. (a) and (c), is section 3 of Pub. L. 88–277, which is set out as a note under section 102 of Title 3, The President. AMENDMENTS 1998—Subsec. (b). Pub. L. 105–264 substituted ‘‘spent by the Government’’ for ‘‘spent by the United States’’ and ‘‘due the Government’’ for ‘‘due the United States’’. 1996—Subsec. (a). Pub. L. 104–201, § 1723(b)(1), in intro- ductory provisions, substituted ‘‘Under regulations pre- scribed under section 5738 of this title’’ for ‘‘Under such regulations as the President may prescribe’’. Subsec. (a)(3). Pub. L. 104–201, § 1715(b)(2), which di- rected amendment of subsec. (a) by adding par. (3) at the end, was executed by adding par. (3) after par. (2) to reflect the probable intent of Congress. 1992—Pub. L. 102–378, § 2(48)(A), struck out ‘‘; manpower shortage positions’’ after ‘‘trainees’’ in section catchline. Subsecs. (d), (e). Pub. L. 102–378, § 2(48)(B), redesig- nated subsec. (e) as (d) and struck out former subsec. (d) which authorized Office to delegate its authority to determine positions for which there was a manpower shortage for purposes of this section. 1990—Subsec. (a)(1)(A). Pub. L. 101–509, § 529 [title II, § 206(b)(1)], substituted ‘‘any position’’ for ‘‘a position in the United States for which the Office of Personnel Management determines there is a manpower short- age’’. Subsec. (a)(1)(C). Pub. L. 101–509, § 529 [title II, § 206(b)(2)], substituted ‘‘the minimum rate of pay pay- able for a position classified above GS–15 pursuant to section 5108; and’’ for ‘‘the minimum rate of pay pre- scribed for GS–16; and’’. 1988—Subsec. (a). Pub. L. 100–398, § 6(2), inserted at end ‘‘In the case of an appointee described in paragraph (1) who has performed transition activities under sec- tion 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note), the provisions of paragraphs (1) and (2) may apply to travel and transportation expenses from the place of residence of such appointee (at the time of relocation following the most recent general elections held to determine the electors of the President) to the assigned duty station of such appointee.’’ Subsec. (a)(1). Pub. L. 100–398, § 6(1), which directed that par. (1) be amended by striking out ‘‘or (B)’’ and inserting ‘‘or (C)’’, could not be executed because phrase ‘‘or (B)’’ did not appear in par. (1) after the in- tervening amendment by Pub. L. 100–325, see below. Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service in cl. (B) and redesignated a second cl. (B) as (C). Subsec. (c). Pub. L. 100–398, § 6(3), inserted at end ‘‘In the case of an appointee described in subsection (a)(1) who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note), the travel or transportation shall take place at any time after the most recent general elections held to determine the electors of the President.’’ 1984—Subsec. (a)(1). Pub. L. 98–473 directed amend- ment of subpar. (C) by striking out ‘‘, by and with the advice and consent of the Senate,’’ which was executed to second subpar. (B) by striking out that phrase fol- lowing ‘‘appointed by the President’’, as probable in- tent of Congress. 1983—Subsec. (a)(1). Pub. L. 98–151, designated exist- ing provisions as subpars. (A) and (B), and added a sec- ond subpar. (B) relating to any person appointed by President. Page 738 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5724 1978—Subsec. (a)(1). Pub. L. 95–454, § 906(a)(2), sub- stituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Pub. L. 95–454, § 409(a), inserted reference to a new ap- pointee to the Senior Executive Service. Subsec. (d). Pub. L. 95–454, §§ 305, 906(a)(3), struck out ‘‘not’’ before ‘‘delegate’’, and substituted ‘‘Office’’ for ‘‘Commission’’. 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 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1983 AMENDMENT; REGULATIONS Amendment by Pub. L. 98–151 and promulgation of regulations for amendments by Pub. L. 98–151 effective Nov. 14, 1983, see section 118(c) of Pub. L. 98–151, set out as a note under section 5724 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by sections 305 and 906(a)(2), (3) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. Amendment by section 409(a) of Pub. L. 95–454 effec- tive 9 months after Oct. 13, 1978, and congressional re- view of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Ef- fective Date note under section 3131 of this title. FUNDING OF AMENDMENTS BY PUB. L. 98–151 Amendments by Pub. L. 98–151 to be carried out by agencies by use of funds appropriated or otherwise available for administrative expenses of such agencies, and do not authorize appropriation of funds in amounts exceeding sums already authorized to be appropriated for such agencies, see section 118(b) of Pub. L. 98–151, set out as a note under section 5724 of this title. § 5724. Travel and transportation expenses of em- ployees transferred; advancement of funds; reimbursement on commuted basis (a) Under regulations prescribed under section 5738 of this title and when the head of the agen- cy concerned or his designee authorizes or ap- proves, the agency shall pay from Government funds— (1) the travel expenses of an employee trans- ferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation ex- penses of his immediate family, or a commuta- tion thereof under section 5704 of this title; (2) the expenses of transporting, packing, crating, temporarily storing, draying, and un- packing his household goods and personal ef- fects not in excess of 18,000 pounds net weight; and (3) upon the separation (or death in service) of a career appointee, as defined in section 3132(a)(4) of this title, the travel expenses of that individual (if applicable), the transpor- tation expenses of the immediate family of such individual, and the expenses of moving (including transporting, packing, crating, temporarily storing, draying, and unpacking) the household goods of such individual and personal effects not in excess of eighteen thou- sand pounds net weight, to the place where the individual will reside (or, in the case of a ca- reer appointee who dies in service or who dies after separating but before the travel, trans- portation, and moving is completed, to the place where the family will reside) within the United States, if such individual— (A) during or after the five years preceding eligibility to receive an annuity under sub- chapter III of chapter 83, or of chapter 84 of this title, has been transferred in the inter- est of the Government from one official sta- tion to another for permanent duty as a ca- reer appointee in the Senior Executive Serv- ice or as a director under section 4103(a)(8) of title 38 (as in effect on November 17, 1988); and (B) is eligible to receive an annuity upon such separation (or, in the case of death in service, met the requirements for being con- sidered eligible to receive an annuity, as of date of death) under the provisions of sub- chapter III of chapter 83 or chapter 84 of this title. (b) Under regulations prescribed under section 5738 of this title, an employee who transports a house trailer or mobile dwelling inside the con- tinental United States, inside Alaska, or be- tween the continental United States and Alaska, for use as a residence, and who otherwise would be entitled to transportation of household goods and personal effects under subsection (a) of this section, is entitled, instead of that transpor- tation, to— (1) a reasonable allowance for transportation of the house trailer or mobile dwelling, if the trailer or dwelling is transported by the em- ployee; or (2) commercial transportation of the house trailer or mobile dwelling, at Government ex- pense, or reimbursement to the employee therefor, including the payment of necessary tolls, charges, and permit fees, if the trailer or dwelling is not transported by the employee. However, payment under this subsection may not exceed the maximum payment to which the employee otherwise would be entitled under sub- section (a) of this section for transportation and temporary storage of his household goods and personal effects in connection with this transfer. (c) Under regulations prescribed under section 5738 of this title, an employee who transfers be- tween points inside the continental United States, instead of being paid for the actual ex- penses of transporting, packing, crating, tempo- rarily storing, draying, and unpacking of house- hold goods and personal effects, shall be reim- bursed on a commuted basis at the rates per 100 pounds that are fixed by zones in the regula- tions. The reimbursement may not exceed the amount which would be allowable for the au- thorized weight allowance. However, under regu- lations prescribed under section 5738 of this title, payment of actual expenses may be made when the head of the agency determines that payment of actual expenses is more economical to the Government.