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(1) he has acquired eligibility for that transportation; or (2) the public interest requires the return of the immedia family for compelling personal reasons of a humanitarian or co passionate nature, such as may involve physical or mental healt death of a member of the immediate family, or obligation impos by authority or circumstances over which the individual has: control.

(b) Under such regulations as the President may prescribe, : agency shall reimburse from its appropriations an employee who post of duty is outside the continental United States for the prop transportation expenses of returning his immediate family and h household goods and personal effects to the United States or its terr tories or possessions, when

(1) their return was made at the expense of the employ before his return and for other than reasons of public interes and

(2) he acquires eligibility for those transportation expenses. (c) This section does not apply to appropriations for the Foreig Service of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Sta 505.)

$ 5730. Funds available

Funds available for travel expenses of an employee are available fo expenses of transportation of his immediate family, and funds avail able for transportation of things are available for transportation o household goods and personal effects, as authorized by this subchapter (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506.)

§ 5731. Expenses limited to lowest first-class rate

(a) The allowance for actual expenses for transportation may no exceed the lowest first-class rate by the transportation facility usec 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.)

§ 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.)

§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, § 222 (c) (1), Dec. 16, 1967, 81 Stat. 641.)

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.)

§ 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. 89-544, Sept. 6, 1966, 80 Stat. 507.)

SUBCHAPTER IV-MISCELLANEOUS PROVISIONS

§ 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. 1970, 84 Stat. 1477.) § 5752. Travel expenses of Senior Executive Service candidates Employing agencies may pay candidates for Senior Executive Service positions travel expenses incurred incident to preemployment interviews requested by the employing agency. (Added, Pub. L. 95–454, Oct. 13, 1978, 92 Stat. 1173.)

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