
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: 5USC5911]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
                         SUBCHAPTER II--QUARTERS
 
Sec. 5911. Quarters and facilities; employees in the United 
        States
        
    (a) For the purpose of this section--
        (1) ``Government'' means the Government of the United States;
        (2) ``agency'' means an Executive agency, but does not include 
    the Tennessee Valley Authority;
        (3) ``employee'' means an employee of an agency;
        (4) ``United States'' means the several States, the District of 
    Columbia, and the territories and possessions of the United States 
    including the Commonwealth of Puerto Rico;
        (5) ``quarters'' means quarters owned or leased by the 
    Government; and
        (6) ``facilities'' means household furniture and equipment, 
    garage space, utilities, subsistence, and laundry service.

    (b) The head of an agency may provide, directly or by contract, an 
employee stationed in the United States with quarters and facilities, 
when conditions of employment or of availability of quarters warrant the 
action.
    (c) Rental rates for quarters provided for an employee under 
subsection (b) of this section or occupied on a rental basis by an 
employee or member of a uniformed service under any other provision of 
statute, and charges for facilities made available in connection with 
the occupancy of the quarters, shall be based on the reasonable value of 
the quarters and facilities to the employee or member concerned, in the 
circumstances under which the quarters and facilities are provided, 
occupied, or made available. The amounts of the rates and charges shall 
be paid by, or deducted from the pay of, the employee or member of a 
uniformed service, or otherwise charged against him in accordance with 
law. The amounts of payroll deductions for the rates and charges shall 
remain in the applicable appropriation or fund. When payment of the 
rates and charges is made by other than payroll deductions, the amounts 
of payment shall be credited to the Government as provided by law.
    (d) When, as an incidental service in support of a program of the 
Government, quarters and facilities are provided by appropriate 
authority of the Government to an individual other than an employee or 
member of a uniformed service, the rates and charges therefor shall be 
determined in accordance with this section. The amounts of payment of 
the rates and charges shall be credited to the Government as provided by 
law.
    (e) The head of an agency may not require an employee or member of a 
uniformed service to occupy quarters on a rental basis, unless the 
agency head determines that necessary service cannot be rendered, or 
that property of the Government cannot adequately be protected, 
otherwise.
    (f) The President may prescribe regulations governing the provision, 
occupancy, and availability of quarters and facilities, the 
determination of rates and charges therefor, and other related matters, 
necessary and appropriate to carry out this section. The head of each 
agency may prescribe regulations, not inconsistent with the regulations 
of the President, necessary and appropriate to carry out the functions 
of the agency head under this section.
    (g) Subsection (c) of this section does not repeal or modify any 
provision of statute authorizing the provision of quarters or 
facilities, either without charge or at rates or charges specifically 
fixed by statute.
    (h) A member of the uniformed service on a permanent change of duty 
station or temporary duty orders and occupying unaccompanied personnel 
housing--
        (1) is exempt from the requirement of subsection (c) to pay a 
    rental rate or charge based on the reasonable value of the quarters 
    and facilities provided; and
        (2) shall pay such lesser rate or charge as the Secretary of 
    Defense establishes by regulation.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 99-145, title 
VIII, Sec. 809(c), Nov. 8, 1985, 99 Stat. 681.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 3121.                Aug. 20, 1964, Pub.
                                                    L. 88-459, Sec.  1,
                                                    78 Stat. 557.
(b)................  5 U.S.C. 3122.                Aug. 20, 1964, Pub.
                                                    L. 88-459, Sec.  2,
                                                    78 Stat. 557.
(c)................  5 U.S.C. 3123.                Aug. 20, 1964, Pub.
                                                    L. 88-459, Sec.  3,
                                                    78 Stat. 557.
(d)................  5 U.S.C. 3124.                Aug. 20, 1964, Pub.
                                                    L. 88-459, Sec.  4,
                                                    78 Stat. 557.
(e)................  5 U.S.C. 3125.                Aug. 20, 1964, Pub.
                                                    L. 88-459, Sec.  5,
                                                    78 Stat. 557.
(f)................  5 U.S.C. 3126.                Aug. 20, 1964, Pub.
                                                    L. 88-459, Sec.  6,
                                                    78 Stat. 558.
(g)................  5 U.S.C. 3127.                Aug. 20, 1964, Pub.
                                                    L. 88-459, Sec.  7,
                                                    78 Stat. 558.
------------------------------------------------------------------------

    In subsection (a)(2), the term ``Executive agency'' is coextensive 
with and substituted for ``each executive department of the 
Government'', ``each agency or independent establishment in the 
executive branch of the Government'', ``each corporation owned or 
controlled by the Government'', and ``the General Accounting Office'' in 
view of the definition of ``Executive agency'' in section 105.
    In subsection (a)(3), the term ``employee'' is substituted for 
``civilian officer or employee'' in view of the definition of 
``employee'' in section 2105.
    Subsection (a)(7) of former section 3121 is omitted as unnecessary 
in view of the definition of ``uniformed services'' in section 2101.
    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

    1985--Subsec. (h). Pub. L. 99-145 added subsec. (h).


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section 813 
of Pub. L. 99-145, formerly set out in a Military Family Policy and 
Programs note under section 113 of Title 10, Armed Forces.

                         Delegation of Functions

    Authority of President under subsec. (f) of this section to issue 
regulations provided for therein (relating to provision, occupancy, and 
availability of quarters and facilities, determination of rates and 
charges therefor, and other related matters, as are necessary and 
appropriate to carry out provisions of this section) delegated to 
Director of Office of Management and Budget, see section 9(1) of Ex. 
Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under 
section 301 of Title 3, The President.


   Deposit in Special Fund of Rents and Charges Collected for Use or 
                          Occupancy of Quarters

    Pub. L. 98-473, title I, Sec. 101(c) [title III, Sec. 320], Oct. 12, 
1984, 98 Stat. 1837, 1874, as amended by Pub. L. 100-446, title III, 
Sec. 316, Sept. 27, 1988, 102 Stat. 1826; Pub. L. 101-121, title III, 
Sec. 317, Oct. 23, 1989, 103 Stat. 745, provided that: ``Notwithstanding 
title 5 of the United States Code or any other provision of law, after 
September 30, 1984, rents and charges collected by payroll deduction or 
otherwise for the use or occupancy of quarters of agencies funded by 
this Act [probably means Department of the Interior and Related Agencies 
Appropriation Act, 1985, as set forth in section 101(c) of Pub. L. 98-
473] shall thereafter be deposited in a special fund in each agency, to 
remain available until expended, for the maintenance and operation of 
the quarters of that agency: Provided, That nothing contained herein 
shall prohibit an agreement between an Indian tribe or tribal 
organization and the Secretary of the Interior or the Secretary of 
Health and Human Services, pursuant to the Indian Self-Determination 
Act, as amended (25 U.S.C. 450 et seq.) [25 U.S.C. 450f et seq.], under 
which such tribe or tribal organization may retain rents and charges for 
the operation, maintenance, and repair of such quarters.''

                  Section Referred to in Other Sections

    This section is referred to in title 16 sections 17o, 754; title 25 
section 450j; title 42 section 12655n.
