HISTORICAL AND REVISION NOTES-Continued Derivation U.S. Code (b)-(e) 5 U.S.C. 73b-1(1) Revised Statutes and Statutes at Large Sept. 6, 1960, Pub. L. 86-707, § 321, 74 Stat. 797. Feb. 5, 1964, Pub. L. 88-266, 78 Stat. 8. In subsection (a), the proviso in former section 73c is omitted as superseded by section 2634 of title 10, and by former section 73b-1(1), which is carried into subsections (b)-(e). In subsection (b), the words "including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title" are substituted for "including any new appointee, in accordance with section 73b-3 of this title" for clarity and reflect the codification of former section 73b-3 in this title. The words "at Government expense" are inserted for clarity. The last sentence of subsection (f) of former section 73b-1 which provided that for the purposes of that subsection and subsection (e), which is carried into section 5726, Alaska shall be considered to be outside the continental limits of the United States is omitted as unnecessary in view of the definition of "continental United States" in section 5721 (4). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. DELEGATION OF FUNCTIONS Functions of the President under this section delegated to the Director of the Bureau of the Budget [now Office of Management and Budget], see section 1(2-6) of Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, set out as a note under section 301 of Title 3, The President. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5724, 5724a of this title. § 5728. Travel and transportation expenses; vacation leave. (a) Under such regulations as the President may prescribe, an agency shall pay from its 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 to the place of his actual residence at the time of appointment or transfer to the post of duty, after he has satisfactorily completed an agreed period of service outside the continental United States and is returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty outside the continental United States under a new written agreement made before departing from the post of duty. (b) Under such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of round-trip travel of an employee of the United States appointed by the President, by and with the advice and consent 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 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 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. (a) Under such regulations as the President may prescribe, an agency shall pay from its appropriations, not more than once before the return to the United States or its territories or possessions 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 transportation; or (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 mental health, death of a member of the immediate family, or obligation imposed by authority or circumstances over which the individual has no control. (b) Under such regulations as the President may prescribe, 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 or its territories or possessions, 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 transportation expenses. (c) This section does not apply to appropriations for the Foreign Service of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 505.) § 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 regulations prescribed by the President, that (1) lowest first-class accommodations are not available; or (2) use of a compartment or other accommodation authorized or approved by the head of the agency concerned or his designee is required for security purposes. (b) Instead of the maximum fixed by subsection (a) of this section, the allowance to an employee of the United States for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accommodations 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.) Derivation (a) HISTORICAL AND REVISION NOTES U.S. Code 5 U.S.C. 73b (b) 5 U.S.C. 73e Revised Statutes and Aug. 2, 1946, ch. 744, § 6, 60 May 28, 1938, ch. 289, § 811, 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 obsolete. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. DELEGATION OF FUNCTIONS Functions of the President under this section delegated to the Director of the Bureau of the Budget [now Office of Management and Budget], see section 1(1) of Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, set out as a note under section 301 of Title 3, The President. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 2477. § 5732. General average contribution; payment or reimbursement. Under such regulations as the President may prescribe, appropriations chargeable for the transportation of baggage and household goods and personal effects of employees of the United States, volunteers as defined by section 8142(a) of this title, and members of the uniformed services are available for the payment or reimbursement of general average contributions required. Appropriations are not available for the payment or reimbursement of general average contributions— (1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported; (2) when the individual concerned is allowed under statute or regulation a commutation instead of actual transportation expenses; or (3) when the individual concerned selected the means of shipment. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506.) HISTORICAL AND REVISION NOTES The word "personal" is added before the word "effects" for clarity and to preserve consistency throughout this subchapter. The words "employees of the United States... and members of the uniformed services" are substituted for "military personnel and civilian employees of departments and agencies of the Federal Government". The words "a volunteer as defined by section 8142(a) of this title" are based on sections 2504(a), 2505, and 2507 (a) of title 22. The words "pursuant to law" are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. Ex. ORD. No. 10614. PAYMENT OF GENERAL-AVERAGE CONTRIBUTIONS IN CONNECTION WITH TRANSPORTATION OF EFFECTS Ex. Ord. No. 10614, May 25, 1955, 20 F.R 3699, provided: SECTION 1. Definitions. As used in these regulations: (a) The term "military personnel" means members and former and deceased members of the uniformed services as defined in section 102 of the Career Compensation Act of 1949 (63 Stat. 804) [now section 101 of Title 37]. (b) The term "civilian employees" means civilian officers and employees of a department, including Foreign Service personnel, and former and deceased civilian officers and employees. (c) The terms "military personnel" and "civilian employees" shall also include those individuals enumerated under the term "person" as defined in section 1 of the Missing Persons Act, as amended [now section 5561 of this title]. (d) The term "department" means an executive department, independent establishment, or other agency of the Federal Government, including wholly-owned or controlled Government corporations. (e) The term "general-average contribution" means the contribution by all parties to a sea venture (1) to make good the loss sustained by any one of their number on account of voluntary sacrifices made of part of the ship or cargo to save the residue or the lives of those on board from impending peril, or (2) for extraordinary expenses necessarily incurred for the common benefit and safety of all. (f) The term "household goods" means such baggage, household goods, and effects, including privately-owned automobiles and professional books, papers, and equipment, of military personnel and civilian employees as are authorized to be transported at Government expense by law or regulation pursuant to law. SEC. 2. Allowance of general-average contributions. Whenever military personnel or civilian employees of a department are liable for general-average contributions arising out of shipments of household goods (as defined in setcion 1 (f) hereof), authorized or approved under law or regulations pursuant to law, disbursements shall be made, under rules and regulations prescribed by the head of the department concerned, from appropriations chargeable for the transportation of baggage and household goods and effects (a) for the payment of the generalaverage contributions for which such military personnel or civilian employees ar liable, or (b) for the reimbursement of such military personnel or civilian employees in the amounts of their general-average liability paid by them and for which receipts are furnished, subject to the limitations set forth in section 3 hereof. SEC. 3. Limitations. The provisions of section 2 hereof shall not apply: (a) In case the shipment of household goods is made under law or regulation pursuant to law which provides for reimbursement to the military person or civilian employee concerned on a commuted basis in lieu of payment by the Government of the actual costs of the shipment; or (b) In case the military person or civilian employee concerned has himself selected the means of shipment; or (c) To quantities of household goods (excluding automobiles) shipped in excess of quantities authorized to be transported by law or regulation pursuant to law. In any case of such excess shipment, the liability of the Government for the employee's general-average contribution shall not exceed the proportion that the applicable limitation, by weight or volume, bears to the total quantity, by weight or volume, of the household goods shipped. SEC. 4. Effective date. This order shall be effective in any case in which the loss involved occurs, or has occurred, on or after June 4, 1954. DWIGHT D. EISENHOWER SECTION REFERRED TO IN OTHER SECTIONS The source of this section is referred in title 12 section 1701h; and title 22 section 2504. § 5733. Expeditious travel. The travel of an employee shall be by the most expeditious means of transportation practicable and shall be commensurate with the nature and purpose of the duties of the employee requiring such travel. (Added Pub. L. 90–206, title II, § 222(c) (1), Dec. 16, 1967, 81 Stat. 641.) EFFECTIVE DATE Section effective thirty days after Dec. 16, 1967, see section 220(a) (4) of Pub. L. 90-206, set out as a note under section 5542 of this title. 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.) Deriva tion HISTORICAL AND REVISION NOTES U.S. Code 5 U.S.C. 103 Revised Statutes and June 7, 1897, ch. 3, § 1 (last The words "a military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department 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 military departments by virtue of section 12(g) of the National 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 definitions 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 official 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 provided 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 United States or in transit thereto or therefrom; and (2) 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 outside the United States or in transit thereto or therefrom. (c) When a dependent of an employee dies while residing with the employee performing official 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 services and supplies furnished under this subsection shall be collected and credited to current appropriations available for the payment of these costs. (d) The benefits of this section may not be denied because the deceased was temporarily absent from duty when death occurred. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 507.) Derivation (a)-(c) (d) HISTORICAL AND REVISION NOTES U.S. Code 5 U.S.C. 103a 5 U.S.C. 103b Revised Statutes and July 15, 1954, ch. 507, § 7(b), July 8, 1940, ch. 551, § 2, 54 Subsection (a) is based on the words "department, independent establishment, agency, or federally owned or controlled corporation, hereinafter called department" in former section 103a. The terms "Executive agency" and "military department" include a department, 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 enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department 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 military departments by virtue of section 12(g) of the National 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 definitions applicable and the style of this title as outlined in the preface to the report. DELEGATION OF FUNCTIONS Functions of the President under this section delegated to the Director of the Bureau of the Budget [now Office of Management and Budget], see section 1(8) of Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, set out as a note under section 301 of Title 3, The President. SUBCHAPTER IV.-MISCELLANEOUS PROVISIONS 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 Clerk of the House of Representatives) summoned, or assigned by his agency, to testify or produce official records on behalf of the United States is entitled to travel expenses under subchapter I of this chapter. If the case involves the activity in connection with which he is employed, the travel expenses are paid from the appropriation otherwise available for travel expenses of the employee 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 disbursed by the Secretary of the Senate or the Clerk 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 travel 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.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3375 of this title. 5946. Membership fees; expenses of attendance at meetings; limitations. Sec. 5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations. AMENDMENTS 1971-Pub. L. 91-656, §§ 6(c), 7(b), Jan. 8, 1971, 84 Stat. 1954, substituted "duty at remote worksites" for "duty on California offshore islands or at Nevada Test Site" in item 5942 and added item 5947. 1967-Pub. L. 90-83, § 1(40) (B), (42), Sept. 11, 1967, 81 Stat. 206, 207, added items 5902 and 5903, and inserted "or at Nevada Test Site" in item 5942. SUBCHAPTER I.-UNIFORMS § 5901. Uniform allowances. (a) There is authorized to be appropriated annually to each agency of the Government of the United States, including a Government owned corporation, and of the government of the District of Columbia, on a showing of necessity or desirability, an amount not to exceed $125 multiplied by the number of employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of official duties and who are not being furnished with the uniform. The head of the agency concerned, out of funds made available by the appropriation, shall— (1) furnish to each of these employees a uniform at a cost not to exceed $125 a year; or (2) pay to each of these employees an allowance for a uniform not to exceed $125 a year. The allowance may be paid only at the times and in the amounts authorized by the regulations prescribed under section 5903 of this title. When the agency pays direct to the uniform vendor, the head of the agency may deduct a service charge of not more than 4 percent. (b) When the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on September 1, 1954, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allowance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this section. (c) An allowance paid under this section is not wages within the meaning of section 409 of title 42 or chapters 21 and 24 of title 26. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 90-83, § 1(39), Sept. 11, 1967, 81 Stat. 206.) The amendment to the third sentence of subsection (a) of 5 U.S.C. 5901, and the deletion of subsection (d) thereof, reflect the recodification of subsection (d) in 5 U.S.C. 5903 by section 1(40) (A) of this bill. In the last sentence of subsection (a), the words "When" and "pays" are substituted for "In those instances where" and "makes reimbursement", respectively. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5902, 8331 of this title and in title 43 section 1468; title 44 section 309. § 5902. Increase in maximum uniform allowance. Notwithstanding section 5901 of this title, each of the respective maximum uniform allowances in effect on April 1, 1966, for the respective categories of employees to whom uniform allowances are paid under section 5901 of this title are increased, subject to the maximum allowance authorized by section 5901 of this title, as follows: (1) If the maximum uniform allowance is $100 or more, it is increased by 25 percent. (2) If the maximum uniform allowance is $75 or more but less than $100, it is increased by 30 percent. (3) If the maximum uniform allowance is $50 or more but less than $75, it is increased by 35 percent. (4) If the maximum uniform allowance is less than $50, it is increased by 40 percent. The maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, may not be reduced. (Added Pub. L. 90-83, § 1(40) (A), Sept. 11, 1967, 81 Stat. 206.) (d) 5 U.S.C. 2133 Sept. 1, 1954, ch. 1208, § 404, 68 Stat. 1115. 5903 In subsection (a), the word "concerned" is substituted for "to which any such appropriation is made". Source (U.S. Code) 5: 5901(d) Source (Statutes at Large) [None.] The regulatory authority contained in 5 U.S.C. 5901 (d), the source statute for which was section 404 of the act |