§5722 — Title 5 Government Organization and Employees | U.S. Code

Summary

Under rules made under section 5738, a federal agency may pay moving and travel costs when it hires someone for work outside the continental United States. That can include the new hire’s travel, travel for their immediate family, moving household goods and personal items, paying to return the employee to their original home after the overseas post, and moving a privately owned car when allowed under section 5727(c). To get the initial move paid, the new hire must sign a written agreement to stay at least one school year (as defined in chapter 25 of title 20) if hired as a Department of Defense teacher (not a substitute), or 12 months for any other job. To get the return move paid, the employee must have served at least one school year if a DoD teacher (not a substitute), or a period of not less than one and not more than three years set in advance by the agency head for other jobs. These rules do not apply to Foreign Service appropriations.

Title 5, §5722

Government Organization and Employees — Source: USLM XML via OLRC

(a)Under regulations prescribed under section 5738 of this title and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations—

(1)travel expenses of a new appointee and transportation expenses of his immediate family and his household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental United States;

(2)these expenses on the return of an employee from his post of duty outside the continental United States to the place of his actual residence at the time of assignment to duty outside the continental United States; and

(3)the expenses of transporting a privately owned motor vehicle as authorized under section 5727(c) of this title.

(b)An agency may pay expenses under subsection (a)(1) of this section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of—

(1)one school year as determined under chapter 25 of title 20, if selected for appointment to a teaching position, except as a substitute, in the Department of Defense under that chapter; or

(2)12 months after his appointment, if selected for appointment to any other position;

(c)An agency may pay expenses under subsection (a)(2) of this section only after the individual has served for a minimum period of—

(1)one school year as determined under chapter 25 of title 20, if employed in a teaching position, except as a substitute, in the Department of Defense under that chapter; or

(2)not less than one nor more than 3 years prescribed in advance by the head of the agency, if employed in any other position;

(d)This section does not apply to appropriations for the Foreign Service of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 73b–3(a) (less 3d–6th proviso).Aug. 2, 1946, ch. 744, § 7, 60 Stat. 808.Sept. 23, 1950, ch. 1010, § 2, 64 Stat. 985. Aug. 30, 1961, Pub. L. 87–172, § 2, 75 Stat. 409. In subsections (b)(1) and (c)(1), the words “under chapter 25 of title 20” are substituted for “under the Defense Department Overseas Teachers Pay and Personnel Practices Act” to reflect the scheduled transfer of that Act from chapter 34 of title 5 to chapter 25 of title 20. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1998—Subsec. (a)(2). Pub. L. 105–264, § 6(2)(A), substituted “continental United States;” for “United States;”. Subsec. (b). Pub. L. 105–264, § 6(2)(B), substituted “Government” for “United States” in two places in concluding provisions. 1996—Subsec. (a). 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. (a)(3). Pub. L. 104–201, § 1715(b)(1), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–201, div. A, title XVII, § 1725(a), Sept. 23, 1996, 110 Stat. 2760, provided that: “The

Amendments

made by this title [enacting section 5737, 5738, and 5756 of this title, amending this section, section 3375, 5723 to 5724c, 5726 to 5729, and 5731 of this title, section 1348 of Title 31, Money and Finance, section 707 of Title 38, Veterans’ Benefits, and section 290aa and 299c–4 of Title 42, The Public Health and Welfare] shall take effect 180 days after the date of the enactment of this Act [Sept. 23, 1996].”

Regulations

Pub. L. 104–201, div. A, title XVII, § 1725(b), Sept. 23, 1996, 110 Stat. 2760, provided that: “The Administrator of General Services shall, not later than the

Effective Date

set forth under subsection (a) [set out above], issue final

Regulations

implementing the

Amendments

made by this title [see

Effective Date

of 1996 Amendment note above].” Assessment of Cost Savings Pub. L. 104–201, div. A, title XVII, § 1724, Sept. 23, 1996, 110 Stat. 2759, directed Comptroller General, not later than one year after the

Effective Date

set forth in section 1725(a) of Pub. L. 104–201, to submit to Congress an assessment of costs of Federal travel administration that were saved as a result of the

§5722 Travel and Transportation Expenses of New Appointees; Posts of Duty Outside the Continental United States

Summary

Title 5, §5722

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Statutory Notes and Related Subsidiaries

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