Historical and Revision Notes
1966 Act DerivationU.S. CodeRevised Statutes andStatutes 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. In subsections (a)(1) and (f), the words “
section 5704 of this title” and “
section 5705 of this title”, respectively, are substituted for “the Act of
February 14, 1931 (5 U.S.C. 73a)” and “the Subsistence Expense Act of 1926 (5 U.S.C. 828)”, respectively, on authority of
section 4, 5, and 9(a) of the Travel Expense Act of 1949, as amended, which are carried into
section 5704, 5705, and 5708. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (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. Subsection (a)(1), (3) of
section 1 of the act of
July 21, 1966, was effected in the codification of 5 U.S.C. 5724(a)(1), (f); accordingly, no further
Amendments
to 5 U.S.C. 5724 are necessary. In subsection (e), the word “However” is substituted for “and notwithstanding the provisions of the fourth proviso of
section 1(a) of this Act” to reflect the codification of that proviso in 5 U.S.C. 5724(e). The words “agency” and “agencies” are substituted for “department” and “departments”, respectively, to conform to the definition in 5 U.S.C. 5721(1). The words “this section and
section 5726(b) and 5727 of this title” and “
section 5724a (a), (b) of this title” are substituted for “
section 1, subsections (a) and (b) and subsections (e) and (f)” and “
section 23 and
24 of this Act”, respectively, to reflect the codification of the cited sections in 5 U.S.C. The word “employee” is substituted for “officer or employee” to conform to the definitions in 5 U.S.C. 5721(2) and 2105. In subsection (i), the words “An agency may pay * * * expenses * * * and allowances under this section and
section 5724a and
5726(c) of this title * * * only after” are substituted for “Notwithstanding the provisions of subsections (a) and (b) of
section 1, and of
section 23, 24, 25, and 27 of this Act, the * * * expenses * * * and * * * allowances shall not be allowed thereunder * * * unless and until” for clarity and to conform to the style of 5 U.S.C., and to reflect the codification of the cited sections in 5 U.S.C. The word “employee” is substituted for “civilian officer or employee” and “such officer or employee” to conform to the definitions in 5 U.S.C. 5721(2) and 2105. The words “continental United States” are substituted for “continental United States, excluding Alaska” to conform to the definition in 5 U.S.C. 5721(3). The word “agency” is substituted for “department or agency” to conform to the definition in 5 U.S.C. 5721(1). In the last sentence, the words “money spent by the United States for the expenses and allowances” are substituted for “moneys expended by the United States under said sections of this act on account of such officer or employee.”
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. 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.
Amendments
1998—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 AmendmentAmendment 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 AmendmentAmendment 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
section 5724b and
5724c of this title and amending this section and
section 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 AmendmentAmendment 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 AmendmentAmendment 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
section 5724b and
5724c of this title and amending this section and
section 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 ReimbursementAdministrator 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.