1992-Pub. L. 102-378, § 2(46), Oct. 2, 1992, 106 Stat. 1353, struck out "; manpower shortage positions" after "trainees" in item 5723 and added item 5755.

1990-Pub. L. 101-509, title V. §529 [title II, §§ 206(a)(2), 208(b)], Nov. 5, 1990, 104 Stat. 1427, 1457, 1460, added items 5706b, 5753, and 5754.

Pub. L. 101-391, § 4(b), Sept. 25, 1990, 104 Stat. 750, added item 5707a.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3396, 5307 of this title; title 14 section 193; title 18 section 3168; title 22 section 3671; title 26 section 7471; title 42 section 5816.

SUBCHAPTER I-TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3375, 3381, 4109, 5354, 5723, 5751, 8476 of this title; title 2 section 476; title 7 sections 2007b, 2229; title 10 sections 180, 2516, 9441; title 12 sections 635, 1441a, 2278a-2; title 15 sections 278g-4, 634, 4632, 4804; title 16 sections 9161, 961; title 19 section 2171; title 21 section 874; title 22 sections 1754, 2024, 2511, 2672, 4356, 4832; title 26 sections 7456, 7471; title 29 section 1671; title 33 section 2309; title 38 section 4110; title 41 section 420; title 42 sections 1395ww, 1975b, 2477, 4276, 4277, 11609; title 44

section 2705; title 46 App. section 1717; title 50 App. section 2281.

§ 5701. Definitions

Except as otherwise provided in section 5707(d), for the purpose of this subchapter

[See main edition for text of (1) to (6)] (As amended Pub. L. 101-391, § 5(a)(2), Sept. 25, 1990, 104 Stat. 751.)

AMENDMENTS

1990-Pub. L. 101-391 substituted "Except as otherwise provided in section 5707(d), for the purpose" for "For the purpose".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5304 of this title; title 2 sections 68b, 179b; title 7 sections 3128, 3194, 3335, 4108, 5843; title 15 section 2224; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415; title 42 section 12653h; title 46 App. section 1717.

§ 5702. Per diem; employees traveling on official busi

ness

(As amended Pub. L. 102-378, § 2(47), Oct. 2, 1992, 106 Stat. 1353.)

AMENDMENTS

1992-Pub. L. 102-378 substituted "employees" for "employee" in section catchline.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5569, 5707, 5724a, 8474 of this title; title 2 section 476; title 7 sections 3128, 3194, 3335, 4108, 5843; title 12 section 1834a; title 15 sections 1341, 4603; title 16 sections 971a, 971b, 2443, 3608, 3641; title 18 section 4285; title 22 sections 1474, 2396, 2704; title 24 section 415; title 25 sections 3006, 3505; title 26 section 4941; title 28 sections 456, 604, 1821; title 29 section 2215; title 31 section 326; title 33 section 2732; title 36 section 121; title 38 section 111; title 42 sections 1873, 2210, 2477, 10163, 10265, 11221, 13458.

§ 5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 593, 5304, 5702, 7119, 8474 of this title; title 2 sections 175, 352, 475, 1108; title 7 sections 87j, 499t, 1388, 1505, 1736bb, 2007b, 2233, 3128, 3194, 3335, 4108, 5331, 5843, 5853, 5927, 6204, 6518; title 10 sections 1464, 1589, 2006; title 12 sections 1701j-2, 1701y, 1749bbb-1, 1834a, 3013; title 15 sections 637, 652, 1275, 1341, 1942, 4102, 4105, 4603; title 16 sections 1a-2, 410cc-31, 410nn-3, 410pp-4, 410tt-4, 410ww-21, 410yy-8, 450jj-6, 460ss-2, 460ss-3, 460zz-2, 469j, 583j-1, 839b, 972a, 1105, 1157, 1401, 1403, 1447b, 1536, 1537a, 1604, 2443, 3181, 4004; title 18 section 4351; title 19 section 2171; title 20 sections 80q-3, 80q-10, 929, 955, 957, 959, 963, 1098, 11341, 1145a, 1233c, 1505, 2012, 2103, 2106, 2839, 3602, 3701, 4412, 4414, 4513, 4710, 5508, 5608, 5708; title 21 sections 360c, 360d, 360e, 360j, 379e, 1115, 1303; title 22 sections 2870, 287q, 290f, 290h-5, 1465c, 1471, 1474, 1622c, 2102, 2103, 2124b, 2351, 2456, 2581, 2672b, 2872, 2873, 2903, 2905, 3106, 3507, 3617, 4110, 4605, 4902; title 24 section 415; title 25 sections 305, 3006, 3505; title 28 section 2077; title 29 sections 656, 765, 774, 782, 792, 794b, 7978, 1142, 1302, 2215, 2634; title 30 sections 663, 812, 1315; title 31 section 751; title 33 sections 426, 857-16, 1320, 2073, 2251, 2732; title 36 sections 121, 1403; title 40 sections 333, 486, 822, 872, 1106; title 41 sections 46, 422; title 42 sections 210, 2421, 242q-1, 254j, 300j–5, 300v, 300aa-19, 907, 1108, 1314, 1320a-1, 1870, 1873, 1975b, 2210, 2473, 2495, 3015, 3211, 3535, 3609, 3788, 4025, 4768, 4914, 5042, 5102, 5404, 5651,5661, 6007, 6614, 6632, 7234, 7417, 9511, 10163, 10265, 12314, 12374, 12651, 12851, 13458; title 44 sections 2104, 2503, 3318; title 46 sections 4508, 9307, 13110; title 46 App. section 1295b; title 47 section 394; title 49 section 325; title 49 App. sections 1673, 2003, 2508; title 50 section 98h-1; title 50 App. sections 1989b-5, 2160.

§ 5704. Mileage and related allowances

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5707, 5724 of this title; title 2 section 476; title 7 sections 3128, 3194, 3335, 4108, 5843; title 13 sections 24, 26; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415; title 28 section 1821; title 30 section 812; title 33 section 1320; title 37 section 404; title 38 section 111; title 42 section 2477.

§ 5705. Advancements and deductions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5724 of this title; title 7 sections 3128, 3194, 3335, 4108, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415.

§ 5706. Allowable travel expenses

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 3128, 3194, 3335, 4108, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415.

§ 5706a. Subsistence and travel expenses for threatened law enforcement personnel

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5707 of this title; title 7 sections 3128, 3194, 3335, 4108, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415.

§ 5706b. Interview expenses

An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from pre-employment interviews determined necessary by the agency.

(Added Pub. L. 101-509, title V, § 529 [title II, § 206(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1457.)

EFFECTIVE DATE

Section 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 an Effective Date of 1990 Amendment note under section 5301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 3128, 3194, 3335, 4108, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415; title 38 section 7410.

§ 5707. Regulations and reports

[See main edition for text of (a) to (c)] (d)(1) Each agency shall ensure that its approved accommodations percentage for a fiscal year shall be not less than

(A) 65 percent, for the first fiscal year that begins 4 years after the date of enactment of this subsection;

(B) 75 percent, for the fiscal year that begins 5 years after the date of enactment of this subsection; and

(C) 90 percent, for the fiscal year that begins 6 years after the date of enactment of this subsection and for each subsequent fiscal year.

(2) In this subsection, an agency's "approved accommodations percentage" for a fiscal year is the percentage determined by multiplying 100 by the quotient of

(A) the total number of nights spent by civilian employees of the agency (as described in section 5702(a)) for which payment was made under this chapter for lodging expenses incurred in any State at any approved hotel, motel, or other place of public accommodation not owned by the Federal Government; divided by

(B) the total number of nights spent by such employees for which payment was made under this chapter for lodging expenses incurred in any State at any hotel, motel, or other place of public accommodation not owned by the Federal Government.

(3) For purposes of this subsection, a hotel, motel, or other place of public accommodation is approved if it meets the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974.

(4) For purposes of this subsection

(A) the term "agency" does not include the government of the District of Columbia; and

(B) the term "State" means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, the Canal Zone, Guam, American Samoa, or any other territory or possession.

(As amended Pub. L. 101-391, § 5(a)(1), Sept. 25, 1990, 104 Stat. 750.)

REFERENCES IN TEXT

The date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 101-391, which was approved Sept. 25, 1990.

Section 29 of the Federal Fire Prevention and Control Act of 1974, referred to in subsec. (d)(3), is classified to section 2225 of Title 15, Commerce and Trade.

For definition of Canal Zone, referred to in subsec. (d)(4)(B), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1990-Subsec. (d). Pub. L. 101-391 added subsec. (d). GAO AUDIT OF AGENCY COMPLIANCE

Section 5(b) of Pub. L. 101-391 provided that: "Not later than 6 months after the last day of the first fiscal year during which lodging expenses are subject to the requirements of section 5707(d) of title 5, United States Code, as added by subsection (a), and not later than 6 months after the last day of every fiscal year thereafter, the Comptroller General shall conduct an audit of the compliance of agencies with the requirements of section 5707(d) of title 5, United SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5701, 5702, 5704, 57068, 5709 of this title; title 7 sections 3128, 3194, 3335, 4108, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474; title 24 section 415; title 28 section 456; title 40 section 872.

§ 5707a. Adherence to fire safety guidelines in establishing rates and discounts for lodging expenses

(a) Studies or surveys conducted for the purposes of establishing per diem rates for lodging expenses under this chapter shall be limited to places of public accommodation that meet the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974. The provisions of this subsection shall not apply with respect to studies and surveys that are conducted in any jurisdiction that is not a State as defined in section 4 of the Federal Fire Prevention and Control Act of 1974.

(b) The Administrator of General Services may not include in any directory which lists lodging accommodations any hotel, motel, or other place of public accommodation that does not meet the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974.

(c) The Administrator of General Services shall include in each directory which lists lodging accommodations a description of the access and safety devices, including appropriate emergency alerting devices, which each listed place of public accommodation provides for guests who are hearing-impaired or visually or physically handicapped.

(d) The Administrator of General Services may take any additional actions the Administrator determines appropriate to encourage employees traveling on official business to stay at places of public accommodation that meet the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974.

(Added Pub. L. 101-391, § 4(a), Sept. 25, 1990, 104 Stat. 749.)

REFERENCES IN TEXT

Sections 4 and 29 of the Federal Fire Prevention and Control Act of 1974, referred to in subsections (a), (b), and (d), are classified to sections 2203 and 2225, respectively, of Title 15, Commerce and Trade.

EFFECTIVE DATE

Section 4(c) of Pub. L. 101-391 provided that: "The amendments made by this section [enacting 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 of the Federal Emergency Management Agency pursuant to section 28(b) of the Federal Fire Prevention and Control Act of 1974 [15 U.S.C. 2224(b)) (as added by section 3 of this Act)."

§ 5708. Effect on other statutes

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 971a, 971b, 2443, 3608, 3641; title 22 section 1474.

SUBCHAPTER II-TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

§5723. Travel and transportation expenses of new appointees and student trainees

(a) Under such regulations as the President may prescribe 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; and

[See main edition for text of (2)]

from his place of residence at the time of selection 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 completion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employees 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 appointee described in paragraph (1) who has performed 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.

[See main edition for text of (b) and (c)]

(d) This section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation expenses of individuals named by subsection (a) of this section.

(As amended 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.)

AMENDMENTS

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), redesignated 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 shortage".

Subsec. (a) (1) (C). Pub. L. 101-509, §529 [title II, $206(b)(2)), substituted "the minimum rate of pay payable for a position classified above GS-15 pursuant to section 5108; and" for "the minimum rate of pay prescribed for GS-16; and".

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5726, 5727 of this title; title 28 section 530; title 42 section 1873.

§ 5724. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis

(a) Under such regulations as the President may prescribe and when the head of the agency concerned or his designee authorizes or approves, the agency shall pay from Government funds

[See main edition for text of (1) and (2)] (3) upon the separation of a career appointee (as defined in section 3132(a)(4) of this title), the travel expenses of that individual, the transportation 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 thousand pounds net weight, to the place where the individual will reside within the United States, its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama 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 (or, if the individual dies before the travel, transportation, and moving is completed, to the place where the family will reside) if such individual

(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of chapter 83, or of chapter 84 of this title, has been transferred in the interest of the Government from one official station to another for permanent duty as a career appointee in the Senior Executive Service or as a director under section 4103(a)(8) of title 38 (as in effect on November 27, 1988); and

[See main edition for text of (B); (b) to (j)] (As amended Pub. L. 102-378, § 2(49), Oct. 2, 1992, 106 Stat. 1353.)

REFERENCES IN TEXT

Section 4103 of title 38, referred to in subsec. (a)(3)(A), was repealed by Pub. L. 102-40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 210. See section 7306 of Title 38, Veterans' Benefits.

AMENDMENTS

1992-Subsec. (a)(3)(A). Pub. L. 102-378 substituted "Service or as a director under section 4103(a)(8) of title 38 (as in effect on November 27, 1988)" for "Service".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 applicable with respect to a separation that takes effect on or after Oct. 2, 1992, see section 9(b)(11) of Pub. L. 102-378, set out as a note under section 6303 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3375, 4109, 5723, 57248, 5724b, 5726 of this title; title 16 section 3378; title 42 sections 290aa, 299c-4; title 50 section 403e.

§ 5724a. Relocation expenses of employees transferred or reemployed

(a) Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, appropriations or other funds available to an agency for administrative expenses are available for the reimbursement of all or part of the following expenses of an employee for whom the Government pays expenses of travel and transportation under section 5724(a) of this

title:

[See main edition for text of (1)]

(2) Expenses of per diem allowance or subsistence of the employee and his spouse, not in excess of the maximum payment permitted under regulations which implement section 5702 of this title. Expenses of transportation to seek permanent residence quarters at a new official station when both the old and new stations are located within the United States. However, expenses under this paragraph may be allowed only for one round trip in connection with each change of station of the employee.

[See main edition for text of (3) and (4); (b) and (c)]

(As amended Pub. L. 101-510, div. A, title XII, § 1206(c), Nov. 5, 1990, 104 Stat. 1661.)

AMENDMENTS

1990-Subsec. (a)(2). Pub. L. 101-510 struck out "continental" before "United States" in second sentence.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3375, 5724, 5724b of this title; title 22 section 3691; title 38 section 707; title 42 sections 290aa, 299c-4; title 50 section 403e.

a

Code (as added by subsection (a)), and shall t a report to Congress describing the results of Ludit."

SECTION REFERRED TO IN OTHER SECTIONS

section is referred to in sections 5701, 5702, 5706a, 5709 of this title; title 7 sections 3128, 3335, 4108, 5843; title 16 sections 971a, 971b, 3608, 3641; title 22 section 1474; title 24 section cle 28 section 456; title 40 section 872.

a. Adherence to fire safety guidelines in estabhing rates and discounts for lodging expenses

Studies or surveys conducted for the purof establishing per diem rates for lodging ses under this chapter shall be limited to of public accommodation that meet the ements of the fire prevention and control ines described in section 29 of the Federal Prevention and Control Act of 1974. The ions of this subsection shall not apply respect to studies and surveys that are cted in any jurisdiction that is not a State Ined in section 4 of the Federal Fire Pren and Control Act of 1974.

The Administrator of General Services ot include in any directory which lists g accommodations any hotel, motel, or place of public accommodation that does eet the requirements of the fire prevennd control guidelines described in section the Federal Fire Prevention and Control 1974.

The Administrator of General Services nclude in each directory which lists lodgcommodations a description of the access fety devices, including appropriate emeralerting devices, which each listed place lic accommodation provides for guests -e hearing-impaired or visually or physandicapped.

The Administrator of General Services ke any additional actions the Adminisdetermines appropriate to encourage em= traveling on official business to stay at of public accommodation that meet the ments of the fire prevention and control nes described in section 29 of the Federal evention and Control Act of 1974.

Pub. L. 101-391, § 4(a), Sept. 25, 1990, t. 749.)

REFERENCES IN TEXT

ns 4 and 29 of the Federal Fire Prevention and Act of 1974, referred to in subsections (a), (b), are classified to sections 2203 and 2225, rey, of Title 15, Commerce and Trade.

EFFECTIVE DATE

4(c) of Pub. L. 101-391 provided that: "The ents made by this section [enacting this secall take effect 60 days after the date of the on in the Federal Register [Nov. 24, 1992, 57 14] of the master list of certified places of commodation maintained by the Director of ral Emergency Management Agency pursuant n 28(b) of the Federal Fire Prevention and Act of 1974 [15 U.S.C. 2224(b)) (as added by of this Act)."

§ 5708. Effect on other statutes

SECTION REFERRED TO IN This section is referred to in. 971b, 2443, 3608, 3641; title 22

SUBCHAPTER II-TRA PORTATION EXPENS EES, STUDENT TRAD FERRED EMPLOYEE

§ 5723. Travel and transport pointees and student tra

(a) Under such regula may prescribe and sub and (c) of this section, a its appropriations

(1) travel expenses ( or a student trainee pletion of college wor. a new appointee to th ice or the Federal and Drug Enforceme Executive Service, c pointed by the Pre rate of pay for wh than the minimum position classified section 5108; and

[See main ed

from his place of re. tion or assignment travel and transport trainee were paid w may not be paid wh pletion of college able under this sui diem and mileage & ployees by subch vances of funds n authorized by thi thorized by sectic case of an appoin who has perforr section 3 of the 1963 (3 U.S.C. 10 graphs (1) and transportation c dence of such a tion following t1 held to determi to the assigned

[See main e

(d) This sect affect the aut ing statute to penses of ind of this section

(As amender [title II, § 20 1457; Pub. L. Stat. 1353.)