
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: 5USC5732]

 
             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. 5732. General average contribution; payment or 
        reimbursement
        
    Under such regulations as the President may prescribe, 
appropriations chargeable for the transportation of baggage and 
household goods and personal effects of employees of the Government, 
volunteers as defined by section 8142(a) of this title, and members of 
the uniformed services are available for the payment or reimbursement of 
general average contributions required. Appropriations are not available 
for the payment or reimbursement of general average contributions--
        (1) required in connection with and applicable to quantities of 
    baggage and household goods and personal effects in excess of 
    quantities authorized by statute or regulation to be transported;
        (2) when the individual concerned is allowed under statute or 
    regulation a commutation instead of actual transportation expenses; 
    or
        (3) when the individual concerned selected the means of 
    shipment.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 506; Pub. L. 105-264, 
Sec. 6(11), 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-5.               June 4, 1954, ch.
                                                    264, Sec.  4, 68
                                                    Stat. 176.
                     22 U.S.C. 2504(h) (as         Dec. 13, 1963, Pub.
                      applicable to 5 U.S.C. 73b-   L. 88-200, Sec.
                      5).                           2(e) (as applicable
                                                    to the Act of June
                                                    4, 1954, ch. 264,
                                                    Sec.  4 (5 U.S.C.
                                                    73b-5)), 77 Stat.
                                                    360.
------------------------------------------------------------------------

    The word ``personal'' is added before the word ``effects'' for 
clarity and to preserve consistency throughout this subchapter. The 
words ``employees of the United States . . . and members of the 
uniformed services'' are substituted for ``military personnel and 
civilian employees of departments and agencies of the Federal 
Government''. The words ``a volunteer as defined by section 8142(a) of 
this title'' are based on sections 2504(a), 2505, and 2507 (a) of title 
22. The words ``pursuant to law'' are omitted as unnecessary.
    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--Pub. L. 105-264 substituted ``Government'' for ``United 
States'' in introductory provisions.

    Ex. Ord. No. 10614. Payment of General-Average Contributions in 
                Connection With Transportation of Effects

    Ex. Ord. No. 10614, May 25, 1955, 20 F.R. 3699, provided:
    Section 1. Definitions. As used in these regulations:
    (a) The term ``military personnel'' means members and former and 
deceased members of the uniformed services as defined in section 102 of 
the Career Compensation Act of 1949 (63 Stat. 804) [37 U.S.C. 101].
    (b) The term ``civilian employees'' means civilian officers and 
employees of a department, including Foreign Service personnel, and 
former and deceased civilian officers and employees.
    (c) The terms ``military personnel'' and ``civilian employees'' 
shall also include those individuals enumerated under the term 
``person'' as defined in section 1 of the Missing Persons Act, as 
amended [now section 5561 of this title].
    (d) The term ``department'' means an executive department, 
independent establishment, or other agency of the Federal Government, 
including wholly-owned or controlled Government corporations.
    (e) The term ``general-average contribution'' means the contribution 
by all parties to a sea venture (1) to make good the loss sustained by 
any one of their number on account of voluntary sacrifices made of part 
of the ship or cargo to save the residue or the lives of those on board 
from impending peril, or (2) for extraordinary expenses necessarily 
incurred for the common benefit and safety of all.
    (f) The term ``household goods'' means such baggage, household 
goods, and effects, including privately-owned automobiles and 
professional books, papers, and equipment, of military personnel and 
civilian employees as are authorized to be transported at Government 
expense by law or regulations pursuant to law.
    Sec. 2. Allowance of general-average contributions. Whenever 
military personnel or civilian employees of a department are liable for 
general-average contributions arising out of shipments of household 
goods (as defined in section 1 (f) hereof), authorized or approved under 
law or regulations pursuant to law, disbursements shall be made, under 
rules and regulations prescribed by the head of the department 
concerned, from appropriations chargeable for the transportation of 
baggage and household goods and effects (a) for the payment of the 
general-average contributions for which such military personnel or 
civilian employees are liable, or (b) for the reimbursement of such 
military personnel or civilian employees in the amounts of their 
general-average liability paid by them and for which receipts are 
furnished, subject to the limitations set forth in section 3 hereof.
    Sec. 3. Limitations. The provisions of section 2 hereof shall not 
apply:
    (a) In case the shipment of household goods is made under law or 
regulation pursuant to law which provides for reimbursement to the 
military person or civilian employee concerned on a commuted basis in 
lieu of payment by the Government of the actual costs of the shipment; 
or
    (b) In case the military person or civilian employee concerned has 
himself selected the means of shipment; or
    (c) To quantities of household goods (excluding automobiles) shipped 
in excess of quantities authorized to be transported by law or 
regulation pursuant to law. In any case of such excess shipment, the 
liability of the Government for the employee's general-average 
contribution shall not exceed the proportion that the applicable 
limitation, by weight or volume, bears to the total quantity, by weight 
or volume, of the household goods shipped.
    Sec. 4. Effective date. This order shall be effective in any case in 
which the loss involved occurs, or has occurred, on or after June 4, 
1954.
                                                   Dwight D. Eisenhower.

                  Section Referred to in Other Sections

    This section is referred to in title 12 section 1701h; title 22 
section 2504.
