US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 5USC5701]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
           CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
 
    SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
 
Sec. 5701. Definitions

    Except as otherwise provided in section 5707(d),\1\ for the purpose 
of this subchapter--
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (1) ``agency'' means--
            (A) an Executive agency;
            (B) a military department;
            (C) an office, agency, or other establishment in the 
        legislative branch;
            (D) an office, agency, or other establishment in the 
        judicial branch; and
            (E) the government of the District of Columbia;

    but does not include--
            (i) a Government controlled corporation;
            (ii) a Member of Congress; or
            (iii) an office or committee of either House of Congress or 
        of the two Houses;

        (2) ``employee'' means an individual employed in or under an 
    agency including an individual employed intermittently in the 
    Government service as an expert or consultant and paid on a daily 
    when-actually-employed basis and an individual serving without pay 
    or at $1 a year;
        (3) ``subsistence'' means lodging, meals, and other necessary 
    expenses for the personal sustenance and comfort of the traveler;
        (4) ``per diem allowance'' means a daily payment instead of 
    actual expenses for subsistence and fees or tips to porters and 
    stewards;
        (5) ``Government'' means the Government of the United States and 
    the government of the District of Columbia; and
        (6) ``continental United States'' means the several States and 
    the District of Columbia, but does not include Alaska or Hawaii.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 498; Pub. L. 94-22, Sec. 2(a), 
May 19, 1975, 89 Stat. 84; Pub. L. 99-234, title I, Sec. 101, Jan. 2, 
1986, 99 Stat. 1756; Pub. L. 101-391, Sec. 5(a)(2), Sept. 25, 1990, 104 
Stat. 751.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(1)-(5)............  5 U.S.C. 835.                 June 9, 1949, ch.
                                                    185, Sec.  2, 63
                                                    Stat. 166.
(6)................  [Uncodified].                 Aug. 14, 1961, Pub.
                                                    L. 87-139, Sec.
                                                    8(c), 75 Stat. 340.
------------------------------------------------------------------------

    In paragraph (1), the word ``agency'' is substituted for 
``departments and establishments''. The terms ``Executive agency'' and 
``military department'' are substituted for ``any executive department, 
independent commission, board, bureau, office, agency, or other 
establishment in the executive branch of the Government, including 
wholly owned Government corporations'' in view of the definitions in 
sections 105 and 102. The exception of ``a Government controlled 
corporation'' is added in subparagraph (i) to preserve the application 
of this subchapter to ``wholly owned Government corporations''.
    Paragraph (2) is added for convenience and to eliminate the 
necessity of referring to ``civilian officers and employees of the 
agencies'' elsewhere in the text of the subchapter.
    In paragraph (4), the words ``for subsistence and fees or tips to 
porters and stewards'' are added on authority of the words ``in lieu of 
their actual expenses of subsistence and all fees or tips to porters and 
stewards'' and ``in lieu of subsistence'' in former sections 836 and 
73b-2, which are carried into sections 5702 and 5703, respectively.
    Paragraph (5) is added for convenience and is based in part on 
former section 835(1)(A) and, insofar as concerns section 5703, on 
section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.
    Paragraph (6), insofar as concerns section 5703, is based in part on 
section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.
    The definition of ``Member of Congress'' in former section 835(4) is 
omitted as unnecessary in view of the definition of ``Member of 
Congress'' in section 2106.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 5707(d) of this title, referred to in text, was repealed by 
Pub. L. 104-201, div. A, title XVI, Sec. 1614(a)(1), Sept. 23, 1996, 110 
Stat. 2739.


                               Amendments

    1990--Pub. L. 101-391 substituted ``Except as otherwise provided in 
section 5707(d), for the purpose'' for ``For the purpose''.
    1986--Par. (4). Pub. L. 99-234 amended par. (4) generally, striking 
out ``flat rate'' before ``payment''.
    1975--Par. (2). Pub. L. 94-22 redefined ``employee'' to include 
individuals employed intermittently as experts or consultants and paid 
on a daily when-actually-employed basis, and individuals serving without 
pay at $1 a year.


              Effective Date of 1986 Amendment; Regulations

    Section 301 of Pub. L. 99-234 provided that:
    ``(a) The Administrator of General Services shall promulgate 
regulations implementing the amendments made by sections 101, 102, 103, 
104, and 106 of this Act [enacting sections 5706a and 5734 of this title 
and amending this section and sections 5702 and 5707 of this title] not 
later than 150 days after the date of enactment of this Act [Jan. 2, 
1986]. The amendments made by title I of this Act [enacting sections 
5706a and 5734 of this title and amending this section, sections 5702, 
5707, and 5724a of this title, section 476 of Title 2, The Congress, 
section 2396 of Title 22, Foreign Relations and Intercourse, section 
4941 of Title 26, Internal Revenue Code, section 456 of Title 28, 
Judiciary and Judicial Procedure, section 326 of Title 31, Money and 
Finance, and section 2477 of Title 42, The Public Health and Welfare] 
shall take effect on the effective date of such regulations, or 180 days 
after the date of enactment of this Act [Jan. 2, 1986], whichever occurs 
first.
    ``(b) The amendments made by section 201 of this Act [enacting 
section 420 of Title 41, Public Contracts] shall take effect 30 days 
after the effective date of the amendments made by title I.''


                      Short Title of 1998 Amendment

    Pub. L. 105-264, Sec. 1, Oct. 19, 1998, 112 Stat. 2350, provided 
that: ``This Act [enacting sections 5706c, 5710, and 5739 of this title, 
amending sections 5721 to 5724, 5724a, 5725, 5727 to 5729, 5731, and 
5732 of this title, section 3413 of Title 12, Banks and Banking, and 
sections 3322, 3528, and 3726 of Title 31, Money and Finance, and 
enacting provisions set out as notes under this section, section 5706c 
of this title, and section 3322 of Title 31] may be cited as the `Travel 
and Transportation Reform Act of 1998'.''


                      Short Title of 1996 Amendment

    Pub. L. 104-201, div. A, title XVII, Sec. 1701, Sept. 23, 1996, 110 
Stat. 2752, provided that: ``This title [enacting sections 5737, 5738, 
and 5756 of this title, amending sections 3375, 5722 to 5724c, 5726 to 
5729, and 5731 of this title, section 1348 of Title 31, Money and 
Finance, section 707 of Title 38, Veterans' Benefits, and sections 290aa 
and 299c-4 of Title 42, The Public Health and Welfare, and enacting 
provisions set out as notes under section 5722 of this title] may be 
cited as the `Federal Employee Travel Reform Act of 1996'.''


                      Short Title of 1986 Amendment

    Section 1 of Pub. L. 99-234 provided that: ``This Act [enacting 
sections 5706a and 5734 of this title and section 420 of Title 41, 
Public Contracts, amending this section, sections 5702, 5707, and 5724a 
of this title, section 476 of Title 2, The Congress, section 2396 of 
Title 22, Foreign Relations and Intercourse, section 4941 of Title 26, 
Internal Revenue Code, section 456 of Title 28, Judiciary and Judicial 
Procedure, section 326 of Title 31, Money and Finance, and section 2477 
of Title 42, The Public Health and Welfare, and enacting provisions set 
out as notes under this section and section 420 of Title 41] may be 
cited as the `Federal Civilian Employee and Contractor Travel Expenses 
Act of 1985'.''


                      Short Title of 1975 Amendment

    Section 1 of Pub. L. 94-22 provided: ``That this Act [amending this 
section, sections 5702, 5703, 5704, 5705, and 5707 of this title, and 
section 68b of Title 2, The Congress, and enacting provisions set out as 
a note under section 5707 of this title] may be cited as the ``Travel 
Expense Amendments Act of 1975'.''


                   Requiring Use of Travel Charge Card

    Pub. L. 105-264, Sec. 2, Oct. 19, 1998, 112 Stat. 2350, provided 
that:
    ``(a) In General.--Under regulations issued by the Administrator of 
General Services after consultation with the Secretary of the Treasury, 
the Administrator shall require that Federal employees use the travel 
charge card established pursuant to the United States Travel and 
Transportation Payment and Expense Control System, or any Federal 
contractor-issued travel charge card, for all payments of expenses of 
official Government travel. The Administrator shall exempt any payment, 
person, type or class of payments, or type or class of personnel from 
any requirement established under the preceding sentence in any case in 
which--
        ``(1) it is in the best interest of the United States to do so;
        ``(2) payment through a travel charge card is impractical or 
    imposes unreasonable burdens or costs on Federal employees or 
    Federal agencies; or
        ``(3) the Secretary of Defense or the Secretary of 
    Transportation (with respect to the Coast Guard) requests an 
    exemption with respect to the members of the uniformed services.
    ``(b) Agency Exemption.--The head of a Federal agency or the 
designee of such head may exempt any payment, person, type or class of 
payments, or type or class of agency personnel from subsection (a) if 
the agency head or the designee determines the exemption to be necessary 
in the interest of the agency. Not later than 30 days after granting 
such an exemption, the head of such agency or the designee shall notify 
the Administrator of General Services in writing of such exemption 
stating the reasons for the exemption.
    ``(c) Limitation on Restriction on Disclosure.--
        ``(1) In general.--[Amended section 3413 of Title 12, Banks and 
    Banking.]
        ``(2) Effective date.--The amendment made by paragraph (1) is 
    effective as of October 1, 1983, and applies to any records created 
    pursuant to the United States Travel and Transportation Payment and 
    Expense Control System or any Federal contractor-issued travel 
    charge card issued for official Government travel.
    ``(d) Collection of Amounts Owed.--
        ``(1) In general.--Under regulations issued by the Administrator 
    of General Services and upon written request of a Federal 
    contractor, the head of any Federal agency or a disbursing official 
    of the United States may, on behalf of the contractor, collect by 
    deduction from the amount of pay owed to an employee of the agency 
    any amount of funds the employee owes to the contractor as a result 
    of delinquencies not disputed by the employee on a travel charge 
    card issued for payment of expenses incurred in connection with 
    official Government travel. The amount deducted from the pay owed to 
    an employee with respect to a pay period may not exceed 15 percent 
    of the disposable pay of the employee for that pay period, except 
    that a greater percentage may be deducted upon the written consent 
    of the employee.
        ``(2) Due process protections.--Collection under this subsection 
    shall be carried out in accordance with procedures substantially 
    equivalent to the procedures required under section 3716(a) of title 
    31, United States Code.
        ``(3) Definitions.--For the purpose of this subsection:
            ``(A) Agency.--The term `agency' has the meaning that term 
        has under section 101 of title 31, United States Code.
            ``(B) Employee.--The term `employee' means an individual 
        employed in or under an agency, including a member of any of the 
        uniformed services. For purposes of this subsection, a member of 
        one of the uniformed services is an employee of that uniformed 
        service.
            ``(C) Member; uniformed service.--Each of the terms `member' 
        and `uniformed service' has the meaning that term has in section 
        101 of title 37, United States Code.
    ``(e) Regulations.--Within 270 days after the date of the enactment 
of this Act [Oct. 19, 1998], the Administrator of General Services shall 
promulgate regulations implementing this section, that--
        ``(1) make the use of the travel charge card established 
    pursuant to the United States Travel and Transportation System and 
    Expense Control System, or any Federal contractor-issued travel 
    charge card, mandatory for all payments of expenses of official 
    Government travel pursuant to this section;
        ``(2) specify the procedures for effecting under subsection (d) 
    a deduction from pay owed to an employee, and ensure that the due 
    process protections provided to employees under such procedures are 
    no less than the protections provided to employees pursuant to 
    section 3716 of title 31, United States Code;
        ``(3) provide that any deduction under subsection (d) from pay 
    owed to an employee may occur only after reimbursement of the 
    employee for the expenses of Government travel with respect to which 
    the deduction is made; and
        ``(4) require agencies to promptly reimburse employees for 
    expenses charged on a travel charge card pursuant to this section, 
    and by no later than 30 days after the submission of a claim for 
    reimbursement.
    ``(f) Reports.--
        ``(1) In general.--The Administrator of General Services shall 
    submit 2 reports to the Congress on agency compliance with this 
    section and regulations that have been issued under this section.
        ``(2) Timing.--The first report under this subsection shall be 
    submitted before the end of the 180-day period beginning on the date 
    of the enactment of this Act [Oct. 19, 1998], and the second report 
    shall be submitted after that period and before the end of the 540-
    day period beginning on that date of enactment.
        ``(3) Preparation.--Each report shall be based on a sampling 
    survey of agencies that expended more than $5,000,000 during the 
    previous fiscal year on travel and transportation payments, 
    including payments for employee relocation. The head of an agency 
    shall provide to the Administrator the necessary information in a 
    format prescribed by the Administrator and approved by the Director 
    of the Office of Management and Budget.
    ``(g) Reimbursement of Travel Expenses.--In accordance with 
regulations prescribed by the Administrator of General Services, the 
head of an agency shall ensure that the agency reimburses an employee 
who submits a proper voucher for allowable travel expenses in accordance 
with applicable travel regulations within 30 days after submission of 
the voucher. If an agency fails to reimburse an employee who has 
submitted a proper voucher within 30 days after submission of the 
voucher, the agency shall pay the employee a late payment fee as 
prescribed by the Administrator.''
    [For transfer of authorities, functions, personnel, and assets of 
the Coast Guard, including the authorities and functions of the 
Secretary of Transportation relating thereto, to the Department of 
Homeland Security, and for treatment of related references, see sections 
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the 
Department of Homeland Security Reorganization Plan of November 25, 
2002, as modified, set out as a note under section 542 of Title 6.]

                  Section Referred to in Other Sections

    This section is referred to in section 5304 of this title; title 2 
section 68b; title 7 sections 3128, 5843; title 15 section 2224; title 
16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727; title 22 
section 1474; title 24 section 416; title 42 section 12653h.