5 U.S.C. § 5912 — Quarters in Government owned or rented

Page 765 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5912 (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 99–145, title VIII, § 809(c), Nov. 8, 1985, 99 Stat. 681.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 3121. Aug. 20, 1964, Pub. L. 88–459, § 1, 78 Stat. 557. (b) ............. 5 U.S.C. 3122. Aug. 20, 1964, Pub. L. 88–459, § 2, 78 Stat. 557. (c) ............. 5 U.S.C. 3123. Aug. 20, 1964, Pub. L. 88–459, § 3, 78 Stat. 557. (d) ............. 5 U.S.C. 3124. Aug. 20, 1964, Pub. L. 88–459, § 4, 78 Stat. 557. (e) ............. 5 U.S.C. 3125. Aug. 20, 1964, Pub. L. 88–459, § 5, 78 Stat. 557. (f) .............. 5 U.S.C. 3126. Aug. 20, 1964, Pub. L. 88–459, § 6, 78 Stat. 558. (g) ............. 5 U.S.C. 3127. Aug. 20, 1964, Pub. L. 88–459, § 7, 78 Stat. 558. In subsection (a)(2), the term ‘‘Executive agency’’ is coextensive with and substituted for ‘‘each executive department of the Government’’, ‘‘each agency or inde- pendent establishment in the executive branch of the Government’’, ‘‘each corporation owned or controlled by the Government’’, and ‘‘the General Accounting Of- fice’’ in view of the definition of ‘‘Executive agency’’ in section 105. In subsection (a)(3), the term ‘‘employee’’ is sub- stituted for ‘‘civilian officer or employee’’ in view of the definition of ‘‘employee’’ in section 2105. Subsection (a)(7) of former section 3121 is omitted as unnecessary in view of the definition of ‘‘uniformed services’’ in section 2101. 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 1985—Subsec. (h). Pub. L. 99–145 added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 813 of Pub. L. 99–145, formerly set out in a Military Family Policy and Programs note under sec- tion 113 of Title 10, Armed Forces. GOVERNMENT LODGING PROGRAM Pub. L. 113–291, div. A, title IX, § 914, Dec. 19, 2014, 128 Stat. 3474, as amended by Pub. L. 115–91, div. A, title X, § 1051(t)(2), Dec. 12, 2017, 131 Stat. 1566; Pub. L. 116–92, div. A, title VI, § 642, Dec. 20, 2019, 133 Stat. 1431; Pub. L. 116–283, div. A, title VI, § 642, Jan. 1, 2021, 134 Stat. 3684; Pub. L. 118–159, div. A, title VI, § 652, Dec. 23, 2024, 138 Stat. 1939, provided that: ‘‘(a) AUTHORITY.—Notwithstanding the provisions of section 5911 of title 5, United States Code, the Sec- retary of Defense may establish and carry out a Gov- ernment lodging program to provide Government or commercial lodging for employees of the Department of Defense or members of the uniformed services under the Secretary’s jurisdiction performing duty on official travel, and may require such travelers to occupy ade- quate quarters on a rental basis when available. ‘‘(b) TEMPORARY EXCLUSION OF CERTAIN SHIPYARD EM- PLOYEES.— ‘‘(1) IN GENERAL.—In carrying out a Government lodging program under subsection (a), the Secretary shall exclude from the requirements of the program employees who are traveling for the performance of mission functions of a public shipyard of the Depart- ment if the Secretary determines such requirements would adversely affect the purpose or mission of such travel. ‘‘(2) TERMINATION.—This subsection shall terminate on September 30, 2029. ‘‘(3) BRIEFINGS REQUIRED.— ‘‘(A) IN GENERAL.—Not later than February 1, 2025, and annually thereafter through February 1, 2030, the Secretary shall brief the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the exclusion under paragraph (1) from the requirements of a Government lodging program carried out under subsection (a). ‘‘(B) ELEMENTS.—Each briefing required by sub- paragraph (A) shall include, for the year preceding the briefing, the following: ‘‘(i) A description of the instances in which the exclusion under paragraph (1) was used. ‘‘(ii) A description of the lodging used under that exclusion. ‘‘(iii) A statement of the difference in cost be- tween lodging used under that exclusion and lodg- ing provided under a Government lodging pro- gram carried out under subsection (a) in each lo- cation where lodging under the exclusion was used. ‘‘(iv) Such other matters as the Secretary con- siders relevant. ‘‘(c) LIMITATION.—A Government lodging program de- veloped under the authority in subsection (a), and a re- quirement under subsection (a) with respect to an em- ployee of the Department of Defense, may not be con- strued to be subject to a duty to negotiate under chap- ter 71 of title 5, United States Code.’’ DEPOSIT IN SPECIAL FUND OF RENTS AND CHARGES COLLECTED FOR USE OR OCCUPANCY OF QUARTERS Pub. L. 98–473, title I, § 101(c) [title III, § 320], Oct. 12, 1984, 98 Stat. 1837, 1874, as amended by Pub. L. 100–446, title III, § 316, Sept. 27, 1988, 102 Stat. 1826; Pub. L. 101–121, title III, § 317, Oct. 23, 1989, 103 Stat. 745, pro- vided that: ‘‘Notwithstanding title 5 of the United States Code or any other provision of law, after Sep- tember 30, 1984, rents and charges collected by payroll deduction or otherwise for the use or occupancy of quarters of agencies funded by this Act [probably means Department of the Interior and Related Agen- cies Appropriation Act, 1985, as set forth in section 101(c) of Pub. L. 98–473] shall thereafter be deposited in a special fund in each agency, to remain available until expended, for the maintenance and operation of the quarters of that agency: Provided, That nothing con- tained herein shall prohibit an agreement between an Indian tribe or tribal organization and the Secretary of the Interior or the Secretary of Health and Human Services, pursuant to the Indian Self-Determination Act, as amended (25 U.S.C. 450 et seq.) [former 25 U.S.C. 450f et seq., now 25 U.S.C. 5321 et seq.], under which such tribe or tribal organization may retain rents and charges for the operation, maintenance, and repair of such quarters.’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (f) of this sec- tion to issue regulations provided for therein (relating to provision, occupancy, and availability of quarters and facilities, determination of rates and charges therefor, and other related matters, as are necessary and appropriate to carry out provisions of this section) delegated to Director of Office of Management and Budget, see section 9(1) 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. § 5912. Quarters in Government owned or rented buildings; employees in foreign countries Under regulations prescribed by the head of the agency concerned and approved by the Presi- Page 766 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5913 dent, an employee who is a citizen of the United States permanently stationed in a foreign coun- try may be furnished, without cost to him, liv- ing quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 509.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 118a. June 26, 1930, ch. 622, 46 Stat. 818. Sept. 6, 1960, Pub. L. 86–707, § 511(c)(6), 74 Stat. 801. The words ‘‘which appropriations are hereby author- ized’’ are omitted as unnecessary in view of section 5509. 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. § 5913. Official residence expenses (a) For the purpose of this section, ‘‘agency’’ has the meaning given it by section 5721 of this title. (b) Under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and mainte- nance of official residences suitable for— (1) the chief representatives of the United States at the posts; and (2) such other senior officials of the Govern- ment of the United States as the President may designate. (c) Funds made available under subsection (b) may be provided in advance to persons eligible to receive reimbursements. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 510; Pub. L. 109–140, § 7, Dec. 22, 2005, 119 Stat. 2652.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3039. Aug. 2, 1946, ch. 744, § 22, added Sept. 6, 1960, Pub. L. 86–707, § 311(a), 74 Stat. 796. The word ‘‘agency’’ is substituted for ‘‘department’’ and defined to conform to the definition of ‘‘depart- ment’’ in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. 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 2005—Subsec. (c). Pub. L. 109–140 added subsec. (c). Executive Documents DELEGATION OF FUNCTIONS Secretary of State empowered to prescribe regula- tions governing allotment to posts in foreign countries, for purpose stated in this section, of funds available to the departments for administrative expenses, and to designate senior officials of this Government in foreign countries, see section 1(c) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under section 5921 of this title. SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND ALLOWANCES § 5921. Definitions For the purpose of this subchapter— (1) ‘‘Government’’ means the Government of the United States; (2) ‘‘agency’’ means an Executive agency and the Library of Congress, but does not include a Government controlled corporation; (3) ‘‘employee’’ means an employee in or under an agency and more specifically defined by regulations prescribed by the President; (4) ‘‘United States’’, when used in a geo- graphical sense, means the several States and the District of Columbia; (5) ‘‘continental United States’’ means the several States and the District of Columbia, but does not include Alaska or Hawaii; and (6) ‘‘foreign area’’ means— (A) the Trust Territory of the Pacific Is- lands; and (B) any other area outside the United States, the Commonwealth of Puerto Rico, the Canal Zone, and territories and posses- sions of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 510.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3032. Sept. 6, 1960, Pub. L. 86–707, § 111, 74 Stat. 792. In paragraph (1), the words ‘‘of America’’ are omitted as unnecessary. In paragraph (2), the word ‘‘agency’’ is substituted for ‘‘Government agency’’. The term ‘‘Executive agency’’ is substituted for the reference to ‘‘each executive de- partment of the Government, each independent estab- lishment or agency in the executive branch of the Gov- ernment, including each corporation wholly owned (ei- ther directly or through one or more corporations) by the Government’’. The exception of ‘‘a Government controlled corporation’’ is added to preserve the appli- cation of this subchapter to corporations wholly owned by the Government. In paragraph (3), the word ‘‘employee’’ is substituted for ‘‘individual in the civilian service’’ in view of the definition of ‘‘employee’’ in section 2105. Reference to ‘‘ambassadors, ministers, and officers of the Foreign Service under the Department of State’’ is omitted as included in the definition of ‘‘employee’’. In paragraph (4), the words ‘‘of the United States of America’’ are omitted as unnecessary. 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 For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Inter- course. Statutory Notes and Related Subsidiaries LIMITATION ON HOUSING BENEFITS Pub. L. 101–246, title I, § 156, Feb. 16, 1990, 104 Stat. 46, provided that: