§ 5726. Storage expenses; household goods and personal effects

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3735, 5724, 5724a of this title; title 26 section 912; title 42 sections 290aa, 299c-4.

§ 5731. Expenses limited to lowest first-class rate

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 476; title 16 sections 9167, 961, 971a, 971b, 2443, 3608, 3641; title 22 sections 287e, 287r, 2024; title 42 sections 2477, 4277; title 50 section 403e.

SUBCHAPTER III-TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

§ 5742. Transportation of remains, dependents, and effects; death occurring away from official station or abroad

[See main edition for text of (a)]

(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 continental 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 continental United States or in transit thereto or therefrom.

[See main edition for text of (c) and (d)] (e) Employees covered by this section include an employee who has been reassigned away from the employee's home of record pursuant to a mandatory mobility agreement executed as a condition of employment.

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

AMENDMENTS

1990-Subsec. (b)(1), (2). Pub. L. 101-510, § 1206(d)(1), inserted "continental" after "outside the".

Subsec. (e). Pub. L. 101-510, 1206(d)(2), added subsec. (e).

DELEGATION OF FUNCTIONS

Authority of President under subsec. (e) of this section delegated to Office of Personnel Management by section 6(b) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under section 5301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3375 of this title; title 10 section 1482a.

SUBCHAPTER IV-MISCELLANEOUS

PROVISIONS

§ 5751. Travel expenses of witnesses

TRANSFER OF FUNCTIONS

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

§ 5753. Recruitment and relocation bonuses

(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position.

(b)(1)(A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated.

(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304.

(2) Payment of a bonus under this section shall be contingent upon the employee entering into an agreement with the agency to complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis.

(3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee.

(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty. (c) For the purpose of this section

(1) the terms "agency" and "employee" have the meanings given them by section 5102; and

(2) any reference to "a position under the General Schedule" or "an employee under the General Schedule" shall be considered to be a reference to any position or employee to which subchapter III of chapter 53 applies.

(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c).

(e) At the request of the head of an Executive agency, the President may authorize the appli

cation of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).

(Added Pub. L. 101-509, title V, § 529 [title II, § 208(a)], Nov. 5, 1990, 104 Stat. 1427, 1458.)

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 section 5307 of this title; title 38 section 7410.

§ 5754. Retention allowances

(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if—

(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and

(2) the agency determines that the employee would be likely to leave in the absence of a retention allowance.

(b)(1) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay.

(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d).

(3) A retention allowance shall be paid at the same time and in the same manner as the employee's basic pay is paid.

(c) For the purpose of this section

(1) the terms "agency" and "employee" have the meanings given them by section 5102; and

(2) any reference to "an employee under the General Schedule" shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies.

(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c).

(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).

(Added Pub. L. 101-509, title V, § 529 [title II, § 208(a)], Nov. 5, 1990, 104 Stat. 1427, 1459.)

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.

DELEGATION OF FUNCTIONS

Authority of President under subsec. (e) of this section delegated to Office of Personnel Management by section 6(c) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under section 5301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5307 of this title; title 38 section 7410.

§ 5755. Supervisory differentials

(a)(1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.

(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.

(b)(1) A supervisory differential, which shall be stated as a percentage of the supervisory employee's rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee's pay to exceed the pay of the highest paid subordinate employee by more than 3 percent.

(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d).

(3) A supervisory differential shall be paid in the same manner and at the same time as the employee's basic pay is paid.

(c) For the purpose of this section

(1) the terms "agency" and "employee" have the meanings given them by section 5102; and

(2) any reference to "an employee under the General Schedule" shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies.

(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.

(Added Pub. L. 101-509, title V, § 529 [title II, § 211(a)], Nov. 5, 1990, 104 Stat. 1427, 1461.)

1991-Pub. L. 102-190, div. A, title X, § 1092(a)(2), Dec. 5, 1991, 105 Stat. 1487, added item 5942a. 1978-Pub. L. 95-603, § 2(b), Nov. 6, 1978, 92 Stat. 3020, added item 5948.

Pub. L. 95-603, § 3, Nov. 6, 1978, 92 Stat. 3020, as amended Pub. L. 96-166, § 4, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 97-141, § 3, Dec. 29, 1981, 95 Stat. 1719; Pub. L. 98-168, title I, § 102(b), Nov. 29, 1983, 97 Stat. 1105, struck out item 5948 "Physicians comparability allowances", effective Sept. 30, 1989.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 5307 of this title.

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, such sums as may be necessary to carry out this subchapter. 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 $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902); or

(2) pay to each of these employees an allowance for a uniform not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).

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.

[See main edition for text of (b) and (c)] (As amended Pub. L. 101-509, title V, § 529 [title II, § 202(a)], Nov. 5, 1990, 104 Stat. 1427, 1456; Pub. L. 102-378, § 2(50), Oct. 2, 1992, 106 Stat. 1353.)

AMENDMENTS

1992-Subsec. (a)(1), (2). Pub. L. 102-378 substituted "5902)" for "5902)."

1990-Subsec. (a). Pub. L. 101-509, § 529 [title II, § 202(a)(1)], substituted "such sums as may be necessary to carry out this subchapter." for "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.”

Subsec. (a)(1), (2). Pub. L. 101-509, § 529 [title II, § 202(a)(2)], substituted "$400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902)." for "$125 a year".

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.

AVAILABILITY OF APPROPRIATIONS FOR UNIFORMS AND UNIFORM ALLOWANCES

Pub. L. 102-394, title V, § 504, Oct. 6, 1992, 106 Stat. 1825, provided that: “Appropriations contained in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts, available for salaries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902)." Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102-170, title V, § 504, Nov. 26, 1991, 105 Stat. 1141.

Pub. L. 101-517, title V, § 504, Nov. 5, 1990, 104 Stat. 2221.

Pub. L. 101-166, title V, § 504, Nov. 21, 1989, 103 Stat. 1189.

Pub. L. 100-202, § 101(h) [title V, 504], Dec. 22, 1987, 101 Stat. 1329-256, 1329-287.

Pub. L. 99-500, § 101(i) [H.R. 5233, title V, § 504], Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, § 101(i) [H.R. 5233, title V, 504], Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title V, § 504, Dec. 12, 1985, 99 Stat. 1132.

Pub. L. 98-619, title V, § 504, Nov. 8, 1984, 98 Stat. 3333.

Pub. L. 98-139, title V, § 504, Oct. 31, 1983, 97 Stat. 889. Pub. L. 97-377, title I, § 101(e)(1) [title V, § 504], Dec. 21, 1982, 96 Stat. 1878, 1904.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5902, 8331 of this title; title 10 sections 1593, 1606; title 16 sections 1a-4, 742j-2; title 22 section 3712; title 25 section 2807; title 33 section 540a; title 38 section 903; title 43 section 1468.

§ 5902. Increase in maximum uniform allowance

The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901.

(As amended Pub. L. 101-509, title V, § 529 [title II, § 202(b)], Nov. 5, 1990, 104 Stat. 1427, 1456.)

AMENDMENTS

1990-Pub. L. 101-509 amended section generally. Prior to amendment, section read as follows: "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."

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 section 5901 of this title; title 22 section 3712; title 33 section 540a.

§ 5903. Regulations

The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter. (As amended Pub. L. 101-509, title V, § 529 [title II, § 202(b)], Nov. 5, 1990, 104 Stat. 1427, 1456.)

AMENDMENTS

1990-Pub. L. 101-509 amended section generally. Prior to amendment, section read as follows: "The President shall prescribe regulations necessary for the uniform administration of this subchapter."

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.

SUBCHAPTER II-QUARTERS

§ 5911. Quarters and facilities; employees in the United States

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, § 3201, 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, provided that: “Notwithstanding title 5 of the United States Code or any other provision of law, after September 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 Agencies Appropriation Act, 1985, as set forth in section 101(c) of Pub. L. 98-473] shall thereafter be de

posited 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 contained 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.), under which such tribe or tribal organization may retain rents and charges for the operation, maintenance, and repair of such quarters."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 754; title 42 section 12555.

§ 5912. Quarters in Government owned or rented buildings; employees in foreign countries

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5922 of this title; title 20 section 905; title 22 sections 287e, 287r, 1474.

§ 5913. Official residence expenses

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 sections 287e, 287e-1, 2687; title 26 section 912.

SUBCHAPTER III-OVERSEAS DIFFERENTIALS AND ALLOWANCES

§ 5921. Definitions

LIMITATION ON HOUSING BENEFITS

Pub. L. 101-246, title I, § 156, Feb. 16, 1990, 104 Stat. 46, provided that:

"(a) IN GENERAL.-The Secretary of State shall establish and implement an appropriate housing policy and space standards in consultation with all agencies with employees outside the United States who are under the authority of the chief of mission or with other agencies or employees who participate in the overseas housing program. Such policy may not provide housing or related benefits based solely on the representational status of the employee, except if such individual is the ambassador, deputy chief of mission, permanent charge, or the consul general when serving as the principal officer.

"(b) WAIVER.-The Secretary of State may grant exceptions to the restriction on providing housing or related benefits on a representational basis under subsection (a) on a case-by-case basis where a documented need for such exception is established. The Secretary of State shall prepare a comprehensive list annually of all such exceptions granted under this subsection."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5924 of this title; title 22 section 1474.

§ 5922. General provisions

[See main edition for text of (a) to (c)] (d) When a quarters allowance or allowance related to education under this subchapter, or quarters furnished in Government-owned or controlled buildings under section 5912, would be furnished to an employee but for the death of the employee, such allowances or quarters may be furnished or continued for the purpose of allowing any child of the employee to complete the current school year at post or away

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