
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: 5USC5724a]

 
             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. 5724a. Relocation expenses of employees transferred or 
        reemployed
        
    (a) Under regulations prescribed under section 5738, an agency shall 
pay to or on behalf of an employee who transfers in the interest of the 
Government, a per diem allowance or the actual subsistence expenses, or 
a combination thereof, of the immediate family of the employee for en 
route travel of the immediate family between the employee's old and new 
official stations.
    (b)(1) Under regulations prescribed under section 5738, an agency 
may pay to or on behalf of an employee who transfers in the interest of 
the Government between official stations located within the United 
States--
        (A) the expenses of transportation of the employee and the 
    employee's spouse for travel to seek permanent residence quarters at 
    a new official station; and
        (B) either--
            (i) a per diem allowance or the actual subsistence expenses 
        (or a combination of both); or
            (ii) an amount for subsistence expenses, that may not exceed 
        a maximum amount determined by the Administrator of General 
        Services.

    (2) Expenses may be allowed under paragraph (1) only for one round 
trip in connection with each change of station of the employee.
    (c)(1) Under regulations prescribed under section 5738, an agency 
may pay to or on behalf of an employee who transfers in the interest of 
the Government--
        (A) actual subsistence expenses of the employee and the 
    employee's immediate family for a period of up to 60 days while the 
    employee or family is occupying temporary quarters when the new 
    official station is located within the United States; or
        (B) an amount for subsistence expenses, that may not exceed a 
    maximum amount determined by the Administrator of General Services, 
    instead of the actual subsistence expenses authorized in 
    subparagraph (A) of this paragraph.

    (2) The period authorized in paragraph (1) of this subsection for 
payment of expenses for residence in temporary quarters may be extended 
up to an additional 60 days if the head of the agency concerned or the 
designee of such head of the agency determines that there are compelling 
reasons for the continued occupancy of temporary quarters.
    (3) The regulations implementing paragraph (1)(A) shall prescribe 
daily rates and amounts for subsistence expenses per individual.
    (d)(1) Under regulations prescribed under section 5738, an agency 
shall pay to or on behalf of an employee who transfers in the interest 
of the Government, expenses of the sale of the residence (or the 
settlement of an unexpired lease) of the employee at the old official 
station and purchase of a residence at the new official station that are 
required to be paid by the employee, when the old and new official 
stations are located within the United States.
    (2) Under regulations prescribed under section 5738, an agency shall 
pay to or on behalf of an employee who transfers in the interest of the 
Government from a post of duty located outside the United States to an 
official station within the United States (other than the official 
station within the United States from which the employee was transferred 
when assigned to the foreign tour of duty)--
        (A) expenses required to be paid by the employee of the sale of 
    the residence (or the settlement of an unexpired lease) of the 
    employee at the old official station from which the employee was 
    transferred when the employee was assigned to the post of duty 
    located outside the United States; and
        (B) expenses required to be paid by the employee of the purchase 
    of a residence at the new official station within the United States.

    (3) Reimbursement of expenses under paragraph (2) of this subsection 
shall not be allowed for any sale (or settlement of an unexpired lease) 
or purchase transaction that occurs prior to official notification that 
the employee's return to the United States would be to an official 
station other than the official station from which the employee was 
transferred when assigned to the post of duty outside the United States.
    (4) Reimbursement for brokerage fees on the sale of the residence 
and other expenses under this subsection may not exceed those 
customarily charged in the locality where the residence is located.
    (5) Reimbursement may not be made under this subsection for losses 
incurred by the employee on the sale of the residence.
    (6) This subsection applies regardless of whether title to the 
residence or the unexpired lease is--
        (A) in the name of the employee alone;
        (B) in the joint names of the employee and a member of the 
    employee's immediate family; or
        (C) in the name of a member of the employee's immediate family 
    alone.

    (7)(A) In connection with the sale of the residence at the old 
official station, reimbursement under this subsection shall not exceed 
10 percent of the sale price.
    (B) In connection with the purchase of a residence at the new 
official station, reimbursement under this subsection shall not exceed 5 
percent of the purchase price.
    (8) Under regulations prescribed under section 5738, an agency may 
pay to or on behalf of an employee who transfers in the interest of the 
Government expenses of property management services, instead of expenses 
under paragraph (1) or (2) of this subsection for sale of the employee's 
residence, when the agency determines that such transfer is advantageous 
and cost-effective for the Government.
    (e) Under regulations prescribed under section 5738, an agency may 
pay to or on behalf of an employee who transfers in the interest of the 
Government, the expenses of property management services when the 
employee transfers to a post of duty outside the United States. Such 
payment shall terminate upon return of the employee to an official 
station within the United States.
    (f)(1) Under regulations prescribed under section 5738 and subject 
to paragraph (2), an employee who is reimbursed under subsections (a) 
through (e) of this section or section 5724(a) of this title is entitled 
to an amount for miscellaneous expenses--
        (A) not to exceed two weeks' basic pay, if such employee has an 
    immediate family; or
        (B) not to exceed one week's basic pay, if such employee does 
    not have an immediate family.

    (2) Amounts paid under paragraph (1) may not exceed amounts 
determined at the maximum rate payable for a position at GS-13 of the 
General Schedule.
    (g) A former employee separated by reason of reduction in force or 
transfer of function who within one year after the separation is 
reemployed by a nontemporary appointment at a different geographical 
location from that where the separation occurred, may be allowed and 
paid the expenses authorized by sections 5724, 5725, 5726(b), and 5727 
of this title, and may receive the benefits authorized by subsections 
(a) through (f) of this section, in the same manner as though the 
employee had been transferred in the interest of the Government without 
a break in service to the location of reemployment from the location 
where separated.
    (h) Payments for subsistence expenses, including amounts in lieu of 
per diem or actual subsistence expenses or a combination thereof, 
authorized under this section may not exceed the maximum payment allowed 
under regulations which implement section 5702 of this title.

(Added Pub. L. 90-83, Sec. 1(37)(A), Sept. 11, 1967, 81 Stat. 204; 
amended Pub. L. 96-70, title I, Sec. 1231(d), Sept. 27, 1979, 93 Stat. 
470; Pub. L. 98-151, Sec. 118(a)(5), (6), Nov. 14, 1983, 97 Stat. 977, 
978; Pub. L. 99-234, title I, Sec. 105, Jan. 2, 1986, 99 Stat. 1758; 
Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 628(a)(1)], Dec. 22, 1987, 
101 Stat. 1329-390, 1329-430; Pub. L. 101-510, div. A, title XII, 
Sec. 1206(c), Nov. 5, 1990, 104 Stat. 1661; Pub. L. 104-201, div. A, 
title XVII, Secs. 1711-1713(a), 1714, 1718, Sept. 23, 1996, 110 Stat. 
2753-2755, 2757; Pub. L. 105-85, div. C, title XXXV, Sec. 3550(c)(2), 
Nov. 18, 1997, 111 Stat. 2074; Pub. L. 105-264, Secs. 6(5), 7, Oct. 19, 
1998, 112 Stat. 2356, 2357.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5724a(a)...........  5 App.: 73b-4a.               July 21, 1966, Pub.
                                                    L. 89-516, Sec.  2
                                                    ``Sec. 23'', 80
                                                    Stat. 323.
5724a(b)...........  5 App.: 73b-4b.               July 21, 1966, Pub.
                                                    L. 89-516, Sec.  2
                                                    ``Sec. 24'', 80
                                                    Stat. 324.
5724a(c)...........  5 App.: 73b-4e.               July 21, 1966, Pub.
                                                    L. 89-516, Sec.  2
                                                    ``Sec. 27'', 80
                                                    Stat. 325.
------------------------------------------------------------------------

    In subsection (a), the word ``agency'' is substituted for 
``department'' to conform to the definition in 5 U.S.C. 5721(1). The 
word ``employee'' is substituted for ``officers or employees'' and 
``officer or employee'' to conform to the definitions in 5 U.S.C. 
5721(2) and 2105. The words ``section 5724(a) of this title'' and 
``section 5702 of this title'' are substituted for ``subsection (a) of 
section 1 of this Act'' and ``section 3 of the Travel Expense Act of 
1949 (63 Stat. 166, as amended; 5 U.S.C. 836)'' to reflect the 
codification of the cited acts in 5 U.S.C. In subsection (a)(2), the 
words ``within the continental United States'' are coextensive with and 
substituted for ``within the continental United States, excluding 
Alaska'' on authority of the definition of ``continental United States'' 
in 5 U.S.C. 5721(3).
    In subsection (b), the words ``this subchapter'' and ``subsection 
(a) of this section or section 5724(a) of this title'' are substituted 
for ``this Act'' and ``section 1(a) or section 23 of this Act'', 
respectively, to reflect the codification of the act in 5 U.S.C. The 
word ``officer'' is omitted as included in ``employee''. The words ``in 
the General Schedule of the Classification Act of 1949, as amended'' are 
omitted as unnecessary.
    In subsection (c), the word ``officer'' is omitted as included in 
``employee''. The words ``sections 5724, 5725, 5726(b), and 5727 of this 
title'' and ``subsections (a) and (b) of this section'' are substituted 
for ``section 1 of this Act'' and ``sections 23 and 24 of this Act'', 
respectively, to reflect the codification of the act in title 5, United 
States Code.

                       References in Text

    The General Schedule, referred to in subsec. (f)(2), is set out 
under section 5332 of this title.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-264, Sec. 7(1), substituted ``Under 
regulations prescribed under section 5738, an agency shall pay'' for 
``An agency shall pay''.
    Subsec. (b)(1). Pub. L. 105-264, Sec. 7(2), substituted ``Under 
regulations prescribed under section 5738, an agency may pay'' for ``An 
agency may pay'' in introductory provisions.
    Subsec. (b)(1)(B)(ii). Pub. L. 105-264, Sec. 7(3), amended cl. (ii) 
generally. Prior to amendment, cl. (ii) read as follows: ``an amount for 
subsistence expenses.''
    Subsec. (c)(1). Pub. L. 105-264, Sec. 7(2), substituted ``Under 
regulations prescribed under section 5738, an agency may pay'' for ``An 
agency may pay'' in introductory provisions.
    Subsec. (c)(1)(B). Pub. L. 105-264, Sec. 7(4), substituted ``an 
amount for subsistence expenses, that may not exceed a maximum amount 
determined by the Administrator of General Services,'' for ``an amount 
for subsistence expenses''.
    Subsec. (d)(1), (2). Pub. L. 105-264, Sec. 7(1), substituted ``Under 
regulations prescribed under section 5738, an agency shall pay'' for 
``An agency shall pay''.
    Subsec. (d)(2)(A). Pub. L. 105-264, Sec. 7(5), substituted ``of the 
sale'' for ``for the sale''.
    Subsec. (d)(2)(B). Pub. L. 105-264, Sec. 7(6), substituted ``of the 
purchase'' for ``for the purchase''.
    Subsec. (d)(8). Pub. L. 105-264, Sec. 7(2), (7), substituted ``Under 
regulations prescribed under section 5738, an agency may pay'' for ``An 
agency may pay'' and ``paragraph (1) or (2)'' for ``paragraph (2) or 
(3)''.
    Subsec. (e). Pub. L. 105-264, Sec. 7(2), substituted ``Under 
regulations prescribed under section 5738, an agency may pay'' for ``An 
agency may pay''.
    Subsec. (f)(1). Pub. L. 105-264, Sec. 7(8), substituted ``Under 
regulations prescribed under section 5738 and subject to paragraph 
(2),'' for ``Subject to paragraph (2),'' in introductory provisions.
    Subsec. (i). Pub. L. 105-264, Sec. 7(9), struck out subsec. (i) 
which read as follows: ``Subsections (a), (b), and (c) shall be 
implemented under regulations issued under section 5738 of this title.''
    Subsec. (j). Pub. L. 105-264, Sec. 6(5), struck out subsec. (j) 
which read as follows: ``For purposes of subsections (c), (d), and (e), 
the term `United States' includes the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, the territories and possessions of the United States, and the 
areas and installations in the Republic of Panama that are 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 (22 U.S.C. 3602(a))).''
    1997--Subsec. (j). Pub. L. 105-85, which directed the amendment of 
subsec. (j) by inserting ``and'' after ``Northern Mariana Islands,'' and 
by substituting ``United States.'' for ``United States, and the areas 
and installations in the Republic of Panama that are 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 (22 U.S.C. 3602(a))).'', effective Jan. 1, 1999, could not be 
executed because subsec. (j) did not appear subsequent to amendment by 
Pub. L. 105-264. See 1998 Amendment note above.
    1996--Pub. L. 104-201, Sec. 1711, amended section generally, 
substituting subsecs. (a) and (b) for former subsecs. (a) to (c) which 
made funds available to pay certain expenses of employees for whom 
Government pays travel and transportation expenses under section 5724(a) 
of this title, provided for entitlement to certain amounts of basic pay 
to such employees, and provided for payment of expenses of certain 
former employees.
    Subsec. (c). Pub. L. 104-201, Sec. 1712, added subsec. (c).
    Subsec. (d). Pub. L. 104-201, Sec. 1713(a), added subsec. (d).
    Subsec. (d)(8). Pub. L. 104-201, Sec. 1714(1), added par. (8).
    Subsec. (e). Pub. L. 104-201, Sec. 1714(2), added subsec. (e).
    Subsecs. (f) to (j). Pub. L. 104-201, Sec. 1718, added subsecs. (f) 
to (j).
    1990--Subsec. (a)(2). Pub. L. 101-510 struck out ``continental'' 
before ``United States'' in second sentence.
    1987--Subsec. (a)(4)(A). Pub. L. 100-202 inserted provisions 
authorizing reimbursement of expenses of selling residence of employee 
at official station from which employee was transferred when assigned to 
duty outside United States, its territories or possessions, Puerto Rico, 
or parts of Panama, provisions authorizing reimbursement of expenses of 
purchasing residence at new official station in United States, its 
territories or possessions, Puerto Rico, or parts of Panama, and 
provisions disallowing reimbursement of expenses in connection with 
transfers from a post of duty located outside the United States, its 
territories or possessions, Puerto Rico, or parts of Panama, for any 
transaction that occurs prior to official notification that employee's 
return to the United States would be to official station other than 
official station from which employee was transferred.
    1986--Subsec. (a)(1). Pub. L. 99-234, Sec. 105(1), (2), substituted 
``allowance or'' for ``allowance instead of'' and ``maximum payment 
permitted under regulations which implement section 5702 of this title'' 
for ``maximum per diem rates prescribed by or under section 5702 of this 
title''.
    Subsec. (a)(2). Pub. L. 99-234, Sec. 105(1), (2), substituted 
``allowance or'' for ``allowance instead of'' and ``maximum payment 
permitted under regulations which implement section 5702 of this title'' 
for ``maximum per diem rates prescribed by or under section 5702 of this 
title''.
    Subsec. (a)(3). Pub. L. 99-234, Sec. 105(2), (3), substituted 
``maximum payment permitted under regulations which implement section 
5702 of this title'' for ``maximum per diem rates prescribed by or under 
section 5702 of this title'' and ``daily rates and amounts'' for 
``average daily rates''.
    1983--Subsec. (a)(3). Pub. L. 98-151, Sec. 118(a)(5)(A), in first 
sentence substituted ``60 days'' for ``30 days''.
    Pub. L. 98-151, Sec. 118(a)(5)(B), substituted provisions 
authorizing extension for an additional 60 days if agency head or 
designee determines existence of compelling reasons for continued 
occupancy, for provisions authorizing extension for an additional 30 
days if the employee moves to or from Alaska, Hawaii, the territories or 
possessions, etc., and struck out provisions relating to additional 
limitations on daily rates for reimbursement for subsistence expenses.
    Subsec. (a)(4). Pub. L. 98-151, Sec. 118(a)(6), redesignated 
existing provisions as subpar. (A) and added subpar. (B).
    1979--Subsec. (a)(3), (4). Pub. L. 96-70 substituted in pars. (3) 
and (4) ``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)'' for ``Canal Zone'' wherever appearing.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-85 effective Jan. 1, 1999, see section 
3550(c)(3) of Pub. L. 105-85, set out as a note under section 5724 of 
this title.


                    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 1987 Amendment

    Section 101(m) [title VI, Sec. 628(a)(2)] of Pub. L. 100-202 
provided that: ``The amendments made by paragraph (2) [probably means 
par. (1) which amended this section] shall be applicable with respect to 
any employee transferred to or from a post of duty on or after 60 days 
after the date of enactment of this section [Dec. 22, 1987].''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-234 effective (1) on effective date of 
regulations to be promulgated not later than 150 days after Jan. 2, 
1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see 
section 301(a) of Pub. L. 99-234, set out as a note under section 5701 
of this title.


      Effective Date of 1983 Amendment; Promulgation of 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 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.


  Extension of Payment of Relocation Expenses to Puerto Rico, Northern 
  Mariana Islands, and Territories and Possessions of the United States

    Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 125], Oct. 21, 
1998, 112 Stat. 2681-50, 2681-74, provided that: ``Effective with the 
enactment of this Act [Oct. 21, 1998], and in any fiscal year hereafter, 
the Attorney General and the Secretary of the Treasury may, for their 
respective agencies, extend the payment of relocation expenses listed in 
section 5724a(b)(1) of Title 5 of the United States Code to include the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, and the territories and possessions of the United States.''


                 Funding of Amendments by Pub. L. 98-151

    Amendments by Pub. L. 98-151 to be carried out be 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 3375, 5724, 5724b, 5737, 
9504 of this title; title 22 section 3691; title 38 section 707; title 
42 sections 290aa, 299c-5; title 50 section 403e.
