5 U.S.C. § 5760: Travel and transportation…

Summary

Allows up to 3 family members of a federal employee who was held captive and then returned to be given travel to the place where the employee is repatriated. Agency leaders must issue standard rules for how this travel is provided. If a family member cannot travel alone because of age, health, or another reason, an agency may also pay to bring an attendant if no eligible family member can serve. If no family member can go, up to 2 people related to and picked by the employee may be sent. Covered employee — an employee held captive, as the agency decides, and returned to a repatriation site inside or outside the United States. Family member — has the meaning in section 451(a) of title 37. The travel is round trip from the person’s home to the repatriation site. The agency may also pay a per diem or reimburse actual necessary expenses up to the rates in section 464 of title 37, may use any travel method allowed in section 452(d) of title 37, may pay in advance, and must not reimburse more than the cost of government-procured round-trip air travel.

Title 5, §5760

Government Organization and Employees, Source: USLM XML via OLRC

(a)Allowance for Family Members and Certain Others.—

(1)Under uniform regulations prescribed by the heads of agencies, travel and transportation described in subsection (d) may be provided for not more than 3 family members of an employee described in subsection (b).

(2)In addition to the family members authorized to be provided travel and transportation under paragraph (1), the head of an agency may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described in subsection (b) if the head of an agency determines—

(A)the family member to be accompanied is unable to travel unattended because of age, physical condition, or other reason determined by the head of the agency; and

(B)no other family member who is eligible for travel and transportation under subsection (a) is able to serve as an attendant for the family member.

(3)If no family member of an employee described in subsection (b) is able to travel to the repatriation site of the employee, travel and transportation described in subsection (d) may be provided to not more than 2 persons related to and selected by the employee.

(b)Covered Employees.—

An employee described in this subsection is an employee (as defined in section 2105 of this title) who—

(1)was held captive, as determined by the head of an agency concerned; and

(2)is repatriated to a site inside or outside the United States.

(c)Eligible Family Members.—

In this section, the term “family member” has the meaning given the term in section 451(a) of title 37.

(d)Travel and Transportation Authorized.—

(1)The transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or (3) of subsection (a), as the case may be) and the location of the repatriation site at which the employee is located.

(2)In addition to the transportation authorized by subsection (a), the head of an agency may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established for such allowances and expenses under section 464 of title 37.

(3)The transportation authorized by subsection (a) may be provided by any of the means described in section 452(d) of title 37.

(4)An allowance under this subsection may be paid in advance.

(5)Reimbursement payable under this subsection may not exceed the cost of government-procured round-trip air travel.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–263, § 626(b)(3)(A), substituted “section 451(a)” for “section 481h(b)”. Subsec. (d)(2). Pub. L. 117–263, § 626(b)(3)(B)(i), substituted “section 464” for “section 474(d)”. Subsec. (d)(3). Pub. L. 117–263, § 626(b)(3)(B)(ii), substituted “section 452(d)” for “section 481h(d)(1)”. 2013—Subsecs. (c), (d)(2), (3). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below. 2011—Subsecs. (c), (d)(2), (3). Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “481h(b)” for “411h(b)” in subsec. (c), “474(d)” for “404(d)” in subsec. (d)(2), and “481h(d)(1)” for “411h(d)(1)” in subsec. (d)(3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 Amendment Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

§5760 Travel and Transportation Allowances: Transportation of Family Members Incident to the Repatriation of Employees Held Captive