
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5723]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
           CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
 
   SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, 
               STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
 
Sec. 5723. Travel and transportation expenses of new appointees 
        and student trainees
        
    (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 (A) of a new appointee, or a student trainee 
    when assigned on completion of college work, to any position, (B) of 
    a new appointee to the Senior Executive Service or the Federal 
    Bureau of Investigation and Drug Enforcement Administration Senior 
    Executive Service, or (C) of any person appointed by the President 
    to a position the rate of pay for which is equal to or higher than 
    the minimum rate of pay payable for a position classified above GS-
    15 pursuant to section 5108;
        (2) transportation expenses of his immediate family and his 
    household goods and personal effects to the extent authorized by 
    section 5724 of this title; and
        (3) the expenses of transporting a privately owned motor vehicle 
    as authorized under section 5727(c) of this title;

from his place of residence at the time of selection or assignment to 
his duty station. If the travel and transportation expenses of a student 
trainee were paid when he was appointed, they may not be paid when he is 
assigned after completion of college work. Travel expenses payable under 
this subsection may include the per diem and mileage allowances 
authorized for employees by subchapter I of this chapter. Advances of 
funds may be made for the expenses authorized by this subsection to the 
extent authorized by section 5724(f) of this title. In the case of an 
appointee described in paragraph (1) who has performed transition 
activities under section 3 of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note), the provisions of paragraphs (1) and (2) may apply to 
travel and transportation expenses from the place of residence of such 
appointee (at the time of relocation following the most recent general 
elections held to determine the electors of the President) to the 
assigned duty station of such appointee.
    (b) An agency may pay travel and transportation expenses under 
subsection (a) of this section only after the individual selected or 
assigned agrees in writing to remain in the Government service for 12 
months after his appointment or assignment, unless separated for reasons 
beyond his control which are acceptable to the agency concerned. If the 
individual violates the agreement, the money spent by the Government for 
the expenses is recoverable from the individual as a debt due the 
Government.
    (c) An agency may pay travel and transportation expenses under 
subsection (a) of this section whether or not the individual selected 
has been appointed at the time of the travel. In the case of an 
appointee described in subsection (a)(1) who has performed transition 
activities under section 3 of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note), the travel or transportation shall take place at any 
time after the most recent general elections held to determine the 
electors of the President.
    (d) This section does not impair or otherwise affect the authority 
of an agency under existing statute to pay travel and transportation 
expenses of individuals named by subsection (a) of this section.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 502; Pub. L. 95-454, title III, 
Sec. 305, title IV, Sec. 409(a), title IX, Sec. 906(a)(2), (3), Oct. 13, 
1978, 92 Stat. 1147, 1173, 1224; Pub. L. 98-151, Sec. 118(a)(1), Nov. 
14, 1983, 97 Stat. 977; Pub. L. 98-473, title I, Sec. 120(a), Oct. 12, 
1984, 98 Stat. 1968; Pub. L. 100-325, Sec. 2(j), May 30, 1988, 102 Stat. 
582; Pub. L. 100-398, Sec. 6, Aug. 17, 1988, 102 Stat. 987; Pub. L. 101-
509, title V, Sec. 529 [title II, Sec. 206(b)], Nov. 5, 1990, 104 Stat. 
1427, 1457; Pub. L. 102-378, Sec. 2(48), Oct. 2, 1992, 106 Stat. 1353; 
Pub. L. 104-201, div. A, title XVII, Secs. 1715(b)(2), 1723(b)(1), Sept. 
23, 1996, 110 Stat. 2755, 2759; Pub. L. 105-264, Sec. 6(3), Oct. 19, 
1998, 112 Stat. 2356.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 73b-3 (less (a)).    Aug. 25, 1958, Pub.
                                                    L. 85-749, 72 Stat.
                                                    843.
                     ............................  July 5, 1960, Pub. L.
                                                    86-587, Sec.  1, 74
                                                    Stat. 327.
                     ............................  Oct. 16, 1963, Pub.
                                                    L. 88-146, 77 Stat.
                                                    252.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 3 of the Presidential Transition Act of 1963, referred to in 
subsecs. (a) and (c), is section 3 of Pub. L. 88-277, which is set out 
as a note under section 102 of Title 3, The President.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-264 substituted ``spent by the 
Government'' for ``spent by the United States'' and ``due the 
Government'' for ``due the United States''.
    1996--Subsec. (a). Pub. L. 104-201, Sec. 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, Sec. 1715(b)(2), which directed 
amendment of subsec. (a) by adding par. (3) at the end, was executed by 
adding par. (3) after par. (2) to reflect the probable intent of 
Congress.
    1992--Pub. L. 102-378, Sec. 2(48)(A), struck out ``; manpower 
shortage positions'' after ``trainees'' in section catchline.
    Subsecs. (d), (e). Pub. L. 102-378, Sec. 2(48)(B), redesignated 
subsec. (e) as (d) and struck out former subsec. (d) which authorized 
Office to delegate its authority to determine positions for which there 
was a manpower shortage for purposes of this section.
    1990--Subsec. (a)(1)(A). Pub. L. 101-509, Sec. 529 [title II, 
Sec. 206(b)(1)], substituted ``any position'' for ``a position in the 
United States for which the Office of Personnel Management determines 
there is a manpower shortage''.
    Subsec. (a)(1)(C). Pub. L. 101-509, Sec. 529 [title II, 
Sec. 206(b)(2)], substituted ``the minimum rate of pay payable for a 
position classified above GS-15 pursuant to section 5108; and'' for 
``the minimum rate of pay prescribed for GS-16; and''.
    1988--Subsec. (a). Pub. L. 100-398, Sec. 6(2), inserted at end ``In 
the case of an appointee described in paragraph (1) who has performed 
transition activities under section 3 of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note), the provisions of paragraphs (1) and (2) 
may apply to travel and transportation expenses from the place of 
residence of such appointee (at the time of relocation following the 
most recent general elections held to determine the electors of the 
President) to the assigned duty station of such appointee.''
    Subsec. (a)(1). Pub. L. 100-398, Sec. 6(1), which directed that par. 
(1) be amended by striking out ``or (B)'' and inserting ``or (C)'', 
could not be executed because phrase ``or (B)'' did not appear in par. 
(1) after the intervening amendment by Pub. L. 100-325, see below.
    Pub. L. 100-325 inserted reference to Federal Bureau of 
Investigation and Drug Enforcement Administration Senior Executive 
Service in cl. (B) and redesignated a second cl. (B) as (C).
    Subsec. (c). Pub. L. 100-398, Sec. 6(3), inserted at end ``In the 
case of an appointee described in subsection (a)(1) who has performed 
transition activities under section 3 of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note), the travel or transportation shall take 
place at any time after the most recent general elections held to 
determine the electors of the President.''
    1984--Subsec. (a)(1). Pub. L. 98-473 directed amendment of subpar. 
(C) by striking out ``, by and with the advice and consent of the 
Senate,'' which was executed to second subpar. (B) by striking out that 
phrase following ``appointed by the President'', as probable intent of 
Congress.
    1983--Subsec. (a)(1). Pub. L. 98-151, designated existing provisions 
as subpars. (A) and (B), and added a second subpar. (B) relating to any 
person appointed by President.
    1978--Subsec. (a)(1). Pub. L. 95-454, Sec. 906(a)(2), substituted 
``Office of Personnel Management'' for ``Civil Service Commission''.
    Pub. L. 95-454, Sec. 409(a), inserted reference to a new appointee 
to the Senior Executive Service.
    Subsec. (d). Pub. L. 95-454, Secs. 305, 906(a)(3), struck out 
``not'' before ``delegate'', and substituted ``Office'' for 
``Commission''.


                    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 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, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


              Effective Date of 1983 Amendment; Regulations

    Amendment by Pub. L. 98-151 and promulgation of regulations for 
amendments by Pub. L. 98-151 effective Nov. 14, 1983, see section 118(c) 
of Pub. L. 98-151, set out as a note under section 5724 of this title.


                    Effective Date of 1978 Amendment

    Amendment by sections 305 and 906(a)(2), (3) of Pub. L. 95-454 
effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-
454, set out as a note under section 1101 of this title.
    Amendment by section 409(a) of Pub. L. 95-454 effective 9 months 
after Oct. 13, 1978, and congressional review of provisions of sections 
401 through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454, 
set out as an Effective Date note under section 3131 of this title.


                 Funding of Amendments by Pub. L. 98-151

    Amendments by Pub. L. 98-151 to be carried out by agencies by use of 
funds appropriated or otherwise available for administrative expenses of 
such agencies, and do not authorize appropriation of funds in amounts 
exceeding sums already authorized to be appropriated for such agencies, 
see section 118(b) of Pub. L. 98-151, set out as a note under section 
5724 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5726, 5727, 9504 of this 
title; title 28 section 530; title 42 sections 1873, 7238.
