
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: 5USC5729]

 
             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. 5729. Transportation expenses; prior return of family

    (a) Under regulations prescribed under section 5738 of this title, 
an agency shall pay from its appropriations, not more than once before 
the return to the United States of an employee whose post of duty is 
outside the continental United States, the expenses of transporting his 
immediate family and of shipping his household goods and personal 
effects from his post of duty to his actual place of residence when--
        (1) he has acquired eligibility for that transportation; or
        (2) the public interest requires the return of the immediate 
    family for compelling personal reasons of a humanitarian or 
    compassionate nature, such as may involve physical or mental health, 
    death of a member of the immediate family, or obligation imposed by 
    authority or circumstances over which the individual has no control.

    (b) Under regulations prescribed under section 5738 of this title, 
an agency shall reimburse from its appropriations an employee whose post 
of duty is outside the continental United States for the proper 
transportation expenses of returning his immediate family and his 
household goods and personal effects to the United States, when--
        (1) their return was made at the expense of the employee before 
    his return and for other than reasons of public interest; and
        (2) he acquires eligibility for those transportation expenses.

    (c) 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. 104-201, div. A, 
title XVII, Sec. 1723(b)(1), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 
105-264, Sec. 6(9), 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(a) (5th and    Aug. 31, 1954, ch.
                      6th provisos).                1155 (less 1st
                                                    proviso), 68 Stat.
                                                    1008.
------------------------------------------------------------------------

    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. The words ``household 
effects'' and ``household goods'' in the 5th and 6th provisos of former 
section 73b-3(a) are changed to ``household goods and personal effects'' 
for clarity and consistency in the use of the words elsewhere in this 
subchapter.
    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--Subsecs. (a), (b). Pub. L. 105-264 struck out ``or its 
territories or possessions'' after ``to the United States''.
    1996--Subsecs. (a), (b). Pub. L. 104-201 substituted ``Under 
regulations prescribed under section 5738 of this title'' for ``Under 
such regulations as the President may prescribe''.


                    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.
