However, payment under this subsection may not exceed the maximum payment to which the employee otherwise would be entitled under subsection (a) of this section for transportation and temporary storage of his household goods and personal effects in connection with this transfer.
5 U.S.C. § 5724
HISTORICAL AND REVISION NOTES 1966 ACT | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
5 U.S.C. 73b-1(a), (b) . | Aug. 2, 1946, ch. 744, §1(a), (b), 60 Stat. 806.Sept. 23, 1950, ch. 1010, §§1(a), (b), 3(b), 64 Stat. 985, 986. | |
Feb. 12, 1958, Pub. L. 85-326, 72 Stat. 14. | ||
Sept. 6, 1960, Pub. L. 86-707, §301(c)(1), 74 Stat . 796. | ||
Oct. 9, 1962, Pub. L. 87-776, 76 Stat. 777. |
1967 ACT | ||
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
5724(a)(2) | 5 App.: 73b-1(a). | July 21, 1966, Pub. L. 89-516, §1(a), 80 Stat . 323. |
5724(c) | 5 App.: 73b-1(b). | July 21, 1966, Pub. L. 89-516, §1(b), 80 Stat . 323. |
5724(e) | 5 App.: 73b-4d. | July 21, 1966, Pub. L. 89-516, §2 "Sec. 26", 80 Stat. 324. |
5724(i) | 5 App.: 73b-4f. | July 21, 1966, Pub. L. 89-516, §2 "Sec. 28", 80 Stat. 325. |
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 (a)(3)(A), was repealed by Pub.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.The Foreign Service Act of 1980, referred to in subsec. (g), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
AMENDMENTS1998-Subsec. (a)(3). Pub. L. 105-264, §6(4)(A), struck out ",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" after "United States".Subsec. (i). Pub. L. 105-264, §6(4)(B), substituted "Government" for "United States" in two places in last sentence. 1997-Subsec. (a)(3). Pub. L. 105-85 which directed the substitution of "or the Commonwealth of Puerto Rico" for ",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", effective Jan. 1, 1999, could not be executed because such language did not appear in text subsequent to amendment by Pub. L. 105-264. See 1998 Amendment note above. 1996-Subsecs. (a), (b). Pub. L. 104-201, §1723(b)(1), in introductory provisions, substituted "Under regulations prescribed under section 5738 of this title" for "Under such regulations as the President may prescribe".Subsec. (c). Pub. L. 104-201, §1723(b)(2)(A), substituted "under regulations prescribed under section 5738 of this title" for "under regulations prescribed by the President". Pub. L. 104-201, §1723(b)(1), substituted "Under regulations prescribed under section 5738 of this title" for "Under such regulations as the President may prescribe".Subsec. (e). Pub. L. 104-201, §1723(b)(2)(A), substituted "under regulations prescribed under section 5738 of this title" for "under regulations prescribed by the President". Pub. L. 104-201, §1723(a)(1)(B), substituted "section 5724a(a) through (f)" for "section 5724a(a), (b)". Subsec. (f). Pub. L. 104-201, §1723(b)(2)(B), substituted "under regulations prescribed under section 5738 of this title" for "under the regulations of the President".1994-Subsec. (a)(3). Pub. L. 103-338, §4, amended par. (3) generally. Prior to amendment, par. (3) read as follows: "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 17, 1988); and"(B) is eligible to receive an annuity upon such separation under the provisions of subchapter III of chapter 83 or chapter 84 of this title."Subsec. (a)(3)(A). Pub. L. 103-338, §3(a), substituted "November 17, 1988" for "November 27, 1988".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". 1988-Subsec. (a)(3). Pub. L. 100-440 added par. (3).Subsec. (a)(3)(A). Pub. L. 100-566 substituted "during or after the five" for "during the five" and struck out ",and thereafter" after "of this title".1983-Subsec. (a)(2). Pub. L. 98-151, §118(a)(2), substituted "18,000" for "11,000". Subsec. (b)(1). Pub. L. 98-151, §118(a)(3), struck out "not in excess of 20 cents a mile" after "allowance". Subsec. (i). Pub. L. 98-151, §118(a)(7)(B), inserted reference to section 5724b of this title.Subsec. (j). Pub. L. 98-151, §118(a)(4), added subsec. (j).1980-Subsec. (g). Pub. L. 96-465 substituted "the Foreign Service Act of 1980" for "chapter 14 of title 22".1968-Subsec. (e). Pub. L. 90-623 substituted "section 5724a(a), (b)" for "section 5724(a), (b)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105-85, div. C, title XXXV, §3550(c)(3), Nov. 18, 1997, 111 Stat. 2074, provided that: "The amendments made by this subsection [amending this section and section 5724a of this title] shall take effect on January 1, 1999."
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104-201 set out as a note under section 5722 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103-338, §3(b), Oct. 6, 1994, 108 Stat. 3114, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if included in the Technical and Miscellaneous Civil Service Amendments Act of 1992 (Public Law 102-378; 106 Stat. 1346; 5 U.S.C. 1101 note)." Pub. L. 103-338, §5(a), Oct. 6, 1994, 108 Stat. 3115, provided that: "This Act [amending this section and enacting provisions set out as notes under this section] and the amendment made by this Act shall take effect on October 1, 1994, or, if later, the date of the enactment of this Act [Oct. 6, 1994]."
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.
EFFECTIVE DATE OF 1983 AMENDMENT; PROMULGATION OF REGULATIONS Pub. L. 98-151, §118(c), Nov. 14, 1983, 97 Stat. 979, provided that:"(1) The amendments made by subsection (a) [enacting sections 5724b and 5724c of this title and amending this section and sections 5723, 5724a, and 5726 of this title] shall take effect on the date of the enactment of this joint resolution [Nov. 14, 1983]." "(2) Not later than thirty days after the date of the enactment of this joint resolution, the President shall prescribe the regulations required under the amendments made by subsection (a). Such regulations shall take effect as of such date of enactment."
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465 set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 effective as of Sept. 11, 1967, for all purposes, see section 6 of Pub. L. 90-623 set out as a note under section 5334 of this title.
MOVING EXPENSES FOR FAMILY OF CAREER APPOINTEES DYING IN SERVICE BETWEEN JANUARY 1, 1994, AND OCTOBER 6, 1994 Pub. L. 103-338, §5(b), Oct. 6, 1994, 108 Stat. 3115, provided that:"(1) IN GENERAL.-Under regulations prescribed by the President or his designee, an agency shall, as appropriate, pay or make reimbursement for any moving expenses which would be payable under the provisions of section 5724(a)(3) of title 5, United States Code, as amended by section 4 (but which would not have been payable under such provisions, as last in effect before being so amended)."(2) APPLICABILITY.-The moving expenses to which this subsection applies are those incurred by the family of an individual who died-"(i) before separating from Government service; and"(ii) during the period beginning on January 1, 1994, and ending on the effective date of this Act [Oct. 6, 1994]."(3) CONDITION.-Payment or reimbursement under this subsection may not be made except upon appropriate written application submitted within 12 months after the date on which the regulations referred to in paragraph (1) take effect."
FUNDING OF AMENDMENTS BY PUB. L. 100-440 Pub. L. 100-440, title VI, §629(b), Sept. 22, 1988, 102 Stat. 1759, provided that: "The amendments made by subsection (a) [amending this section] shall be carried out by agencies by the use of funds appropriated or otherwise available for the administrative expenses of each of such respective agencies. The amendments made by such subsection do not authorize the appropriation of funds in amounts exceeding the sums otherwise authorized to be appropriated for such agencies."
FUNDING OF AMENDMENTS BY PUB. L. 98-151 Pub. L. 98-151, §118(b), Nov. 14, 1983, 97 Stat. 979, provided that: "The amendments made by subsection (a) [enacting sections 5724b and 5724c of this title and amending this section and sections 5723, 5724a, and 5726 of this title] shall be carried out by agencies by the use of funds appropriated or otherwise available for the administrative expenses of each of such respective agencies. The amendments made by such subsection do not authorize the appropriation of funds in amounts exceeding the sums already authorized to be appropriated for such agencies."
RATES OF REIMBURSEMENT Administrator of General Services empowered to prescribe regulations relating to establishment of rates used in reimbursing civilian officers or employees of Government on a commuted basis in lieu of payment of actual expenses of transportation, etc., of their household goods and personal effects upon transfer from one official station to another, see Ex. Ord. No. 11012, Mar. 28, 1962, 27 F.R. 2983, set out as a note under section 301 of Title 3, The President.
- travel expenses
- The term "travel expenses" means, with respect to a Member, officer or employee, or a relative of any such individual, the cost of transportation, and the cost of lodging and meals while away from his or her residence or principal place of employment.