
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: 5USC5728]

 
             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. 5728. Travel and transportation expenses; vacation leave

    (a) Under regulations prescribed under section 5738 of this title, 
an agency shall pay from its appropriations the expenses of round-trip 
travel of an employee, and the transportation of his immediate family, 
but not household goods, from his post of duty outside the continental 
United States, Alaska, and Hawaii to the place of his actual residence 
at the time of appointment or transfer to the post of duty, after he has 
satisfactorily completed an agreed period of service outside the 
continental United States, Alaska, and Hawaii and is returning to his 
actual place of residence to take leave before serving another tour of 
duty at the same or another post of duty outside the continental United 
States, Alaska, and Hawaii under a new written agreement made before 
departing from the post of duty.
    (b) Under regulations prescribed under section 5738 of this title, 
an agency shall pay from its appropriations the expenses of round-trip 
travel of an employee of the Government appointed by the President, by 
and with the advice and consent of the Senate, for a term fixed by 
statute, and of transportation of his immediate family, but not 
household goods, from his post of duty outside the continental United 
States, Alaska, and Hawaii to the place of his actual residence at the 
time of appointment to the post of duty, after he has satisfactorily 
completed each 2 years of service outside the continental United States, 
Alaska, and Hawaii and is returning to his actual place of residence to 
take leave before serving at least 2 more years of duty outside the 
continental United States, Alaska, and Hawaii.
    (c)(1) Under regulations prescribed under section 5738 of this 
title, an agency may pay, subject to paragraph (3) of this subsection, 
the expenses described in paragraph (2) of this subsection in any case 
in which the head of the agency determines that the payment of such 
expenses is necessary for the purpose of recruiting or retaining an 
employee for service of a tour of duty at a post of duty in Alaska or 
Hawaii.
    (2) The expenses payable under paragraph (1) of this subsection are 
the expenses of round-trip travel of an employee, and the transportation 
of his immediate family, but not household goods, from his post of duty 
in Alaska or Hawaii to the place of his actual residence at the time of 
appointment or transfer to the post of duty, incurred after he has 
satisfactorily completed an agreed period of service in Alaska or Hawaii 
and in returning to his actual place of residence to take leave before 
serving another tour of duty at the same or another post of duty in 
Alaska or Hawaii under a new written agreement made before departing 
from the post of duty.
    (3) The payment of expenses of any employee and the transportation 
of his family under paragraph (1) of this subsection is limited to the 
expenses of travel and transportation incurred for not more than two 
round trips commenced within 5 years after the date the employee first 
commences any period of consecutive tours of duty in Alaska or Hawaii.
    (d) This section does not apply to appropriations for the Foreign 
Service of the United States.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 505; Pub. L. 97-253, title III, 
Sec. 351(a), (b), Sept. 8, 1982, 96 Stat. 800; Pub. L. 104-201, div. A, 
title XVII, Sec. 1723(b)(1), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 
105-264, Sec. 6(8), Oct. 19, 1998, 112 Stat. 2356.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 73b-3(a) (3d         Aug. 31, 1954, ch.
                      proviso).                     1155 (1st proviso),
                                                    68 Stat. 1008.
(b)................  5 U.S.C. 73b-3(a) (4th        Sept. 2, 1958, Pub.
                      proviso).                     L. 85-858, 72 Stat.
                                                    1274.
------------------------------------------------------------------------

    The first 14 words of subsections (a) and (b), and subsection (c), 
are added on authority of former section 73b-3(a) (less 3d-6th 
provisos), which is carried into section 5722.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-264 substituted ``an employee of the 
Government'' for ``an employee of the United States''.
    1996--Subsecs. (a) to (c)(1). Pub. L. 104-201, Sec. 1723(b)(1), 
substituted ``Under regulations prescribed under section 5738 of this 
title'' for ``Under such regulations as the President may prescribe''.
    1982--Subsecs. (a), (b). Pub. L. 97-253, Sec. 351(a), inserted ``, 
Alaska, and Hawaii'' after ``continental United States'' wherever 
appearing.
    Subsecs. (c), (d). Pub. L. 97-253, Sec. 351(b), added subsec. (c) 
and redesignated former subsec. (c) as (d).


                    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 1982 Amendment

    Section 351(c), (d) of Pub. L. 97-253, as amended by Pub. L. 97-346, 
Sec. 3(m), Oct. 15, 1982, 96 Stat. 1649, provided that:
    ``(c)(1) Except as provided in paragraph (2), the amendments made by 
subsection (a) [amending this section] shall take effect with respect to 
expenses incurred after the date of enactment of this Act [Sept. 8, 
1982] for round-trip travel (commenced after such date) of an employee 
or transportation of his immediate family from his post of duty to the 
place of his actual residence at the time of appointment or transfer to 
the post of duty.
    ``(2) The amendments made by this section [amending this section] 
shall not apply to any employee who is serving a tour of duty at a post 
of duty in Alaska or Hawaii on the date of the enactment of this Act 
[Sept. 8, 1982] during--
        ``(A) such tour of duty, and
        ``(B) any other consecutive tour of duty following such tour of 
    duty.
    ``(d) For the purposes of subsection (c), the term `employee' shall 
have the same meaning as provided in section 5721(2) of title 5, United 
States Code.''
