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119th Congress

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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 59 — Allowances

§ 5924. Cost-of-living allowances

Statutory text

The following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area:

(1)

A post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in the District of Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph.

(2)

A transfer allowance for extraordinary, necessary, and reasonable subsistence and other relocation expenses (including unavoidable lease penalties), not otherwise compensated for, incurred by an employee incident to establishing himself at a post of assignment in—

(A)

a foreign area (including costs incurred in the United States, its territories or possessions, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements prior to departure for a post of assignment in a foreign area); or

(B)

the United States after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned.

(3)

A separate maintenance allowance to assist an employee who is compelled or authorized, because of dangerous, notably unhealthful, or excessively adverse living conditions at the employee’s post of assignment in a foreign area, or for the convenience of the Government, or who requests such an allowance because of special needs or hardship involving the employee or the employee’s spouse or dependents, to meet the additional expenses of maintaining, elsewhere than at the post, the employee’s spouse or dependents, or both.

(4)

An education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his service in a foreign area or foreign areas in providing adequate education for his dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas), as follows:

(A)

An allowance not to exceed the cost of obtaining such kindergarten, elementary and secondary educational services as are ordinarily provided without charge by the public schools in the United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act), plus, in those cases when adequate schools are not available at the post of the employee, board and room, and periodic transportation between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest United States locality where an adequate school is available, without regard to section 3324(a) and (b) of title 31. When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post. The amount of the allowance granted shall be determined on the basis of the educational facility used.

(B)

The travel expenses of dependents of an employee to and from a secondary or post-secondary educational institution, not to exceed one annual trip each way for each dependent, except that an allowance payment under subparagraph (A) may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under authority contained in this subparagraph.

(C)

In those cases in which an adequate school is available at the post of the employee, if the employee chooses to educate the dependent at a school away from post, the education allowance which includes board and room, and periodic travel between the post and the school chosen, shall not exceed the total cost to the Government of the dependent attending an adequate school at the post of the employee.

(D)

Allowances provided pursuant to subparagraphs (A) and (B) may include, at the election of the employee, payment or reimbursement of the costs incurred to store baggage for the employee’s dependent at or in the vicinity of the dependent’s school during one trip per year by the dependent between the school and the employee’s duty station, except that such payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage in connection with the trip, and such payment or reimbursement shall be in lieu of transportation of the baggage.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 5924

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 511

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 511

  2. Pub. L. 92–187 § 2 · 85 Stat. 642

    1. Substituted · 5 U.S.C. § 5924(3)

      Pub. L. 92–187 substituted “the employee’s post” for “his post”

    2. Substituted · 5 U.S.C. § 5924(3)

      Pub. L. 92–187 substituted “the employee’s spouse or” for “his wife or his”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 92–187 substituted “the employee’s post” for “his post” and “the employee’s spouse or” for “his wife or his”.

    Enacted provision · exact public law section
    Sec. 2. Paragraph (3) of section 5924 of title 5, United States Code, relating to cost-of-living allowances in foreign areas, is amended to read as follows: “(3) A separate maintenance allowance to assist an employee who is compelled, because of dangerous, notably unhealthful, or excessively adverse living conditions at the employee’s post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expenses of maintaining, elsewhere than at the post, the employee’s spouse or dependents, or both.”.

  3. Department of State Appropriations Authorization Act of 1973

    Pub. L. 93–126 § 12 · 87 Stat. 451

    Inserted · 5 U.S.C. § 5924(4)(A)

    Pub. L. 93–126 inserted “kindergarten,” before “elementary”

    Source evidence

    Code amendment note
    Par. (4)(A). Pub. L. 93–126 inserted “kindergarten,” before “elementary”.

    Enacted provision · exact public law section
    Sec. 12. overseas kindergarten education allowance Section 5924(4)(A) of title 5, United States Code, is amended by inserting immediately before “elementary” the following: “kindergarten,”.

  4. State Department/USIA Authorization Act, Fiscal Year 1975

    Pub. L. 93–475 § 13 · 88 Stat. 1439

    Substituted · 5 U.S.C. § 5924(4)(B)

    Pub. L. 93–475 substituted “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or one trip each way for each dependent of any other employee,” for “one trip each way for each dependent”

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 93–475 substituted “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or one trip each way for each dependent of any other employee,” for “one trip each way for each dependent”.

    Enacted provision · exact public law section
    Sec. 13. The first sentence of section 5924(4)(B) of title 5, United States Code, is amended by striking out “one trip each way for each dependent” and inserting in lieu thereof the following: “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or one trip each way for each dependent of any other employee,”.

  5. Foreign Relations Authorization Act, Fiscal Year 1976

    Pub. L. 94–141 title IV § 405 · 89 Stat. 756

    Changed · 5 U.S.C. § 5924(2)(A)

    Pub. L. 94–141 expanded applicability to include costs incurred in the United States prior to departure for a post of assignment in a foreign area

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 94–141 expanded applicability to include costs incurred in the United States prior to departure for a post of assignment in a foreign area.

    Enacted provision · exact public law section
    Sec. 405. predeparture lodging allowance Paragraph (2) of section 5924 of title 5, United States Code, is amended by striking out clause (A) thereof and inserting in lieu thereof the following: “(A) a foreign area (including costs incurred in the United States prior to departure for a post of assignment in a foreign area); or”.

  6. International Development Cooperation Act of 1979

    Pub. L. 96–53 title V § 510 · 93 Stat. 359

    Substituted · 5 U.S.C. § 5924(4)(B)

    Pub. L. 96–53 substituted “(i) in the case of dependents traveling to obtain secondary education, one annual trip, or in the case of dependents traveling to obtain undergraduate college education, two annual trips, each way for each dependent of an employee of the Department of State, of the International Communication Agency, or of the Agency for International Development, or (ii)” for “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–53 substituted “(i) in the case of dependents traveling to obtain secondary education, one annual trip, or in the case of dependents traveling to obtain undergraduate college education, two annual trips, each way for each dependent of an employee of the Department of State, of the International Communication Agency, or of the Agency for International Development, or (ii)” for “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or”.

    Enacted provision · exact public law section
    Sec. 510. certain travel expenses Section 5924(4)(B) of title 5, United States Code, is amended by striking out “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or” and inserting in lieu thereof “(i) in the case of dependents traveling to obtain secondary education, one annual trip, or in the case of dependents traveling to obtain undergraduate college education, two annual trips, each way for each dependent of an employee of the Department of State, of the International Communication Agency, or of the Agency for International Development, or (ii)”.

  7. Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1980

    Pub. L. 96–100 title V § 502 · 93 Stat. 733

    Inserted · 5 U.S.C. § 5924(4)(B)

    Pub. L. 96–100 inserted provisions relating to applicability to dependents of employees of the Central Intelligence Agency and the National Security Agency

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–100 inserted provisions relating to applicability to dependents of employees of the Central Intelligence Agency and the National Security Agency.

    Enacted provision · exact public law section
    Sec. 502. Section 5924(4)(B) of title 5, United States Code, relating to payment of travel expenses to and from schools in the United States of dependents of certain employees serving overseas, is amended by striking out “or the United States Information Agency,” and inserting in lieu thereof the following; the International Communication Agency, the Central Intelligence Agency, or the National Security Agency,”.

  8. Department of Justice Appropriation Authorization Act, Fiscal Year 1980

    Pub. L. 96–132 § 4(h) · 93 Stat. 1040

    Inserted · 5 U.S.C. § 5924(4)(B)

    Pub. L. 96–132 inserted reference to the Department of Justice

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 96–132 inserted reference to the Department of Justice.

    Enacted provision · exact public law section
    (h) The first sentence of section 5924(4)(B) of title 5 of the United States Code is amended by inserting “the Department of Justice,” after “the International Communication Agency,”.

  9. Pub. L. 96–465 § 2307 · 94 Stat. 2071

    Inserted · 5 U.S.C. § 5924(3)

    Pub. L. 96–465, § 2307, inserted “or authorized” after “compelled” and “or who requests such an allowance because of special needs or hardship involving the employee or the employee’s spouse or dependents” after “of the Government,”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 96–465, § 2307, inserted “or authorized” after “compelled” and “or who requests such an allowance because of special needs or hardship involving the employee or the employee’s spouse or dependents” after “of the Government,”.

    Enacted provision · exact public law section
    Sec. 2307. Separate Maintenance Allowance.— Section 5924(3) of title 5, United States Code, is amended— (1) by inserting “or authorized” immediately after “compelled”; and (2) by inserting “or who requests such an allowance because of special needs or hardship involving the employee or the employee’s spouse or dependents,” immediately after “for the convenience of the Government,”.

    Effective date note
    Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.

  10. Pub. L. 96–465 § 2308 · 94 Stat. 2071

    Substituted · 5 U.S.C. § 5924(4)(B)

    Pub. L. 96–465, § 2308, substituted “one annual trip each way for each dependent” for “(i) in the case of dependents traveling to obtain secondary education, one annual trip, or in the case of dependents traveling to obtain undergraduate college education, two annual trips, each way for each dependent of an employee of the Department of State, of the International Communication Agency, of the Department of Justice, of the Agency for International Development, of the Central Intelligence Agency, or of the National Security Agency, or (ii) or one trip each way for each dependent of any other employee, for the purpose of obtaining each type of education”

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 96–465, § 2308, substituted “one annual trip each way for each dependent” for “(i) in the case of dependents traveling to obtain secondary education, one annual trip, or in the case of dependents traveling to obtain undergraduate college education, two annual trips, each way for each dependent of an employee of the Department of State, of the International Communication Agency, of the Department of Justice, of the Agency for International Development, of the Central Intelligence Agency, or of the National Security Agency, or (ii) or one trip each way for each dependent of any other employee, for the purpose of obtaining each type of education”.

    Enacted provision · exact public law section
    Sec. 2308. Education Allowance.— Section 5924(4)(B) of title 5, United States Code, is amended by striking out “(i)” and all that follows through “each type of education” and inserting in lieu thereof “one annual trip each way for each dependent”.

    Effective date note
    Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.

  11. Pub. L. 97–258 § 3(a)(15) · 96 Stat. 1063

    Substituted · 5 U.S.C. § 5924(4)(A)

    Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”

    Source evidence

    Code amendment note
    Par. (4)(A). Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”.

  12. Federal Employees Benefits Improvement Act of 1986

    Pub. L. 99–251 title III § 303 · 100 Stat. 14

    Inserted · 5 U.S.C. § 5924(2)(A)

    Pub. L. 99–251 inserted “, its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements”

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 99–251 inserted “, its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements”.

    Enacted provision · exact public law section
    SEC. 303. PREDEPARTURE ALLOWANCE. Section Puerto Rico. Panama. 5924(2)(A) of title 5, United States Code, is amended by inserting after “United States” the following: “, its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United TIAS 10030. States pursuant to the Panama Canal Treaty of 1977 and related agreements”.

  13. Defense Acquisition Workforce Improvement Act

    Pub. L. 101–510 div. A title XII § 1206(h) · 104 Stat. 1485

    Inserted · 5 U.S.C. § 5924(3)

    Pub. L. 101–510 inserted at end “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 101–510 inserted at end “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”

    Enacted provision · exact public law section
    (h) Separate Maintenance Allowance for Employees in Panama.— Section 5924(3) of title 5, United States Code, is amended by adding at the end the following: “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”.

  14. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Pub. L. 102–138 § 147(e)(1) · 105 Stat. 647

    Substituted · 5 U.S.C. § 5924(1)

    Pub. L. 102–138, § 147(e)(1), substituted “Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph” for “Columbia”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 102–138, § 147(e)(1), substituted “Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph” for “Columbia”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “Columbia.” and inserting “Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph.”;

  15. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Pub. L. 102–138 § 147(e)(2) · 105 Stat. 647

    1. Substituted · 5 U.S.C. § 5924(2)

      Pub. L. 102–138, § 147(e)(2), in introductory provisions substituted “subsistence and other relocation expenses (including unavoidable lease penalties)” for “expenses”

    2. Substituted · 5 U.S.C. § 5924(2)

      Pub. L. 102–138, § 147(e)(2), in introductory provisions substituted “after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned” for “between assignments to posts in foreign areas”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 102–138, § 147(e)(2), in introductory provisions substituted “subsistence and other relocation expenses (including unavoidable lease penalties)” for “expenses”, in subpar. (A) inserted “the Commonwealth of the Northern Mariana Islands,” after “Puerto Rico,” and in subpar. (B) substituted “after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned” for “between assignments to posts in foreign areas”.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) in the matter before subparagraph (A), by striking “expenses,” and inserting “subsistence and other relocation expenses (including unavoidable lease penalties),”; (B) in subparagraph (A), by inserting “the Commonwealth of the Northern Mariana Islands,” after “Puerto Rico,”; and (C) in subparagraph (B), by striking “between assignments to posts in foreign areas.” and inserting “after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned.”; and

  16. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Pub. L. 102–138 § 147(e)(3) · 105 Stat. 647

    1. Substituted · 5 U.S.C. § 5924(4)

      Pub. L. 102–138, § 147(e)(3), in introductory provisions substituted “dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas)” for “dependents” in two places

    2. Substituted · 5 U.S.C. § 5924(4)

      Pub. L. 102–138, § 147(e)(3), in introductory provisions substituted “United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act)” for “United States” in two places

    3. Substituted · 5 U.S.C. § 5924(4)

      Pub. L. 102–138, § 147(e)(3), in introductory provisions substituted “postsecondary educational institution education (other than a program of post-baccalaureate education)” for “undergraduate college education” in two places

    4. Inserted · 5 U.S.C. § 5924(4)

      Pub. L. 102–138, § 147(e)(3), in introductory provisions inserted at end provision defining “educational institution” for purposes of subpar. (B)

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 102–138, § 147(e)(3), in introductory provisions substituted “dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas)” for “dependents”, in subpar. (A) substituted “United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act)” for “United States”, and in subpar. (B) substituted “postsecondary educational institution education (other than a program of post-baccalaureate education)” for “undergraduate college education” in two places and inserted at end provision defining “educational institution” for purposes of subpar. (B).

    Enacted provision · exact public law section
    (3) in paragraph (4)— (A) in the matter before subparagraph (A), by striking “dependents,” and inserting “dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas),”; (B) in subparagraph (A), by striking “United States,” and inserting “United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act),”; and (C) in subparagraph (B)— (i) in the first sentence by striking “undergraduate college education” and inserting “postsecondary educational institution education (other than a program of post-baccalaureate education)”; (ii) in the third sentence by striking “undergraduate college education” and inserting “postsecondary educational institution education (other than a program of post-baccalaureate education)”; and (iii) by adding at the end the following: “For the purposes of this subparagraph, the term educational institution’ has the meaning defined under section 1701(a)(6) of title 38.”.

  17. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 176(a) · 108 Stat. 382

    Inserted · 5 U.S.C. § 5924(4)(A)

    Pub. L. 103–236, § 176(a), inserted after first sentence “When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post.”

    Source evidence

    Code amendment note
    Par. (4)(A). Pub. L. 103–236, § 176(a), inserted after first sentence “When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post.”

    Enacted provision · exact public law section
    (a) Away-From-Post Education Allowance.— Section 5924(4)(A) of title 5, United States Code, is amended by inserting after the first sentence the following: “When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post.”.

  18. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 176(b) · 108 Stat. 382

    Inserted · 5 U.S.C. § 5924(4)(B)

    Pub. L. 103–236, § 176(b), inserted “(or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States)” after “in the United States”

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 103–236, § 176(b), inserted “(or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States)” after “in the United States”.

    Enacted provision · exact public law section
    (b) Educational Travel for College Students Studying Abroad.— Section 5924(4)(B) of title 5, United States Code, is amended in the first sentence after “in the United States” by inserting “(or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States)”.

  19. Panama Canal Act Amendments of 1996

    Pub. L. 104–201 div. C title XXXV § 3548(a)(7) · 110 Stat. 2422

    Struck · 5 U.S.C. § 5924(3)

    Pub. L. 104–201 struck out at end “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 104–201 struck out at end “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”

    Enacted provision · exact public law section
    (7) Section 5924(3) is amended by striking out the last sentence.

  20. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(7)(dA)(tIII)(s336) · 113 Stat. 1501

    1. Substituted · 5 U.S.C. § 5924(4)

      Pub. L. 106–113 substituted “between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available,” for “between that post and the nearest locality where adequate schools are available,” in subpar. (A)

    2. Added · 5 U.S.C. § 5924(4)

      Pub. L. 106–113 added subpar. (C)

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 106–113 substituted “between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available,” for “between that post and the nearest locality where adequate schools are available,” in subpar. (A) and added subpar. (C).

  21. Foreign Relations Authorization Act, Fiscal Year 2003

    Pub. L. 107–228 div. A title III § 319 · 116 Stat. 1350

    Inserted · 5 U.S.C. § 5924(4)(B)

    Pub. L. 107–228 inserted after first sentence “At the election of the employee, in lieu of the transportation of the baggage of a dependent from the dependent’s school, the costs incurred to store the baggage at or in the vicinity of the school during the dependent’s annual trip between the school and the employee’s duty station may be paid or reimbursed to the employee, except that the amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.”

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 107–228 inserted after first sentence “At the election of the employee, in lieu of the transportation of the baggage of a dependent from the dependent’s school, the costs incurred to store the baggage at or in the vicinity of the school during the dependent’s annual trip between the school and the employee’s duty station may be paid or reimbursed to the employee, except that the amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.”

    Enacted provision · exact public law section
    SEC. 319. UNACCOMPANIED AIR BAGGAGE. Section 5924(4)(B) of title 5, United States Code, is amended by inserting after the first sentence the following: “At the election of the employee, in lieu of the transportation of the baggage of a dependent from the dependent's school, the costs incurred to store the baggage at or in the vicinity of the school during the dependent’s annual trip between the school and the employee’s duty station may be paid or reimbursed to the employee, except that the amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.”.

  22. Pub. L. 109–472 § 3(1) · 120 Stat. 3554

    Inserted · 5 U.S.C. § 5924(4)(A)

    Pub. L. 109–472, § 3(1), inserted “United States” after “nearest” in first sentence

    Source evidence

    Code amendment note
    Par. (4)(A). Pub. L. 109–472, § 3(1), inserted “United States” after “nearest” in first sentence.

    Enacted provision · exact public law section
    (1) in the first sentence of subparagraph (A), by inserting “United States” after “nearest”;

  23. Pub. L. 109–472 § 3(2) · 120 Stat. 3554

    Amended · 5 U.S.C. § 5924(4)(B)

    Pub. L. 109–472, § 3(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to educational travel expenses of dependents of an employee

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 109–472, § 3(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to educational travel expenses of dependents of an employee.

    Enacted provision · exact public law section
    (2) by amending subparagraph (B) to read as follows: “(B) The travel expenses of dependents of an employee to and from a secondary or post-secondary educational institution, not to exceed one annual trip each way for each dependent, except that an allowance payment under subparagraph (A) may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under authority contained in this subparagraph.” ; and

  24. Pub. L. 109–472 § 3(3) · 120 Stat. 3554

    Added · 5 U.S.C. § 5924(4)(D)

    Pub. L. 109–472, § 3(3), added subpar. (D)

    Source evidence

    Code amendment note
    Par. (4)(D). Pub. L. 109–472, § 3(3), added subpar. (D).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(D) Allowances provided pursuant to subparagraphs (A) and (B) may include, at the election of the employee, payment or reimbursement of the costs incurred to store baggage for the employee’s dependent at or in the vicinity of the dependent’s school during one trip per year by the dependent between the school and the employee’s duty station, except that such payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage in connection with the trip, and such payment or reimbursement shall be in lieu of transportation of the baggage.” .

26 of 30 references resolved to an enrolled provision · 4 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 3037.Sept. 6, 1960, Pub. L. 86–707, § 221, 74 Stat. 794.

In paragraph (1), the word “Washington” is omitted as covered by “District of Columbia”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in par. (4)(A), is title VI of Pub. L. 91–230, , 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Amendments1971–2007 · 15 rounds

2007

Par. (4)(A). Pub. L. 109–472, § 3(1), inserted “United States” after “nearest” in first sentence.

Par. (4)(B). Pub. L. 109–472, § 3(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to educational travel expenses of dependents of an employee.

Par. (4)(D). Pub. L. 109–472, § 3(3), added subpar. (D).

2002

Par. (4)(B). Pub. L. 107–228 inserted after first sentence “At the election of the employee, in lieu of the transportation of the baggage of a dependent from the dependent’s school, the costs incurred to store the baggage at or in the vicinity of the school during the dependent’s annual trip between the school and the employee’s duty station may be paid or reimbursed to the employee, except that the amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.”

1999

Par. (4). Pub. L. 106–113 substituted “between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available,” for “between that post and the nearest locality where adequate schools are available,” in subpar. (A) and added subpar. (C).

1996

Par. (3). Pub. L. 104–201 struck out at end “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”

1994

Par. (4)(A). Pub. L. 103–236, § 176(a), inserted after first sentence “When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post.”

Par. (4)(B). Pub. L. 103–236, § 176(b), inserted “(or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States)” after “in the United States”.

1991

Par. (1). Pub. L. 102–138, § 147(e)(1), substituted “Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph” for “Columbia”.

Par. (2). Pub. L. 102–138, § 147(e)(2), in introductory provisions substituted “subsistence and other relocation expenses (including unavoidable lease penalties)” for “expenses”, in subpar. (A) inserted “the Commonwealth of the Northern Mariana Islands,” after “Puerto Rico,” and in subpar. (B) substituted “after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned” for “between assignments to posts in foreign areas”.

Par. (4). Pub. L. 102–138, § 147(e)(3), in introductory provisions substituted “dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas)” for “dependents”, in subpar. (A) substituted “United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act)” for “United States”, and in subpar. (B) substituted “postsecondary educational institution education (other than a program of post-baccalaureate education)” for “undergraduate college education” in two places and inserted at end provision defining “educational institution” for purposes of subpar. (B).

1990

Par. (3). Pub. L. 101–510 inserted at end “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”

1986

Par. (2)(A). Pub. L. 99–251 inserted “, its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements”.

1982

Par. (4)(A). Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”.

1980

Par. (3). Pub. L. 96–465, § 2307, inserted “or authorized” after “compelled” and “or who requests such an allowance because of special needs or hardship involving the employee or the employee’s spouse or dependents” after “of the Government,”.

Par. (4)(B). Pub. L. 96–465, § 2308, substituted “one annual trip each way for each dependent” for “(i) in the case of dependents traveling to obtain secondary education, one annual trip, or in the case of dependents traveling to obtain undergraduate college education, two annual trips, each way for each dependent of an employee of the Department of State, of the International Communication Agency, of the Department of Justice, of the Agency for International Development, of the Central Intelligence Agency, or of the National Security Agency, or (ii) or one trip each way for each dependent of any other employee, for the purpose of obtaining each type of education”.

1979

Par. (4)(B). Pub. L. 96–132 inserted reference to the Department of Justice.

Pub. L. 96–100 inserted provisions relating to applicability to dependents of employees of the Central Intelligence Agency and the National Security Agency.

Pub. L. 96–53 substituted “(i) in the case of dependents traveling to obtain secondary education, one annual trip, or in the case of dependents traveling to obtain undergraduate college education, two annual trips, each way for each dependent of an employee of the Department of State, of the International Communication Agency, or of the Agency for International Development, or (ii)” for “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or”.

1975

Par. (2)(A). Pub. L. 94–141 expanded applicability to include costs incurred in the United States prior to departure for a post of assignment in a foreign area.

1974

Par. (4)(B). Pub. L. 93–475 substituted “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or one trip each way for each dependent of any other employee,” for “one trip each way for each dependent”.

1973

Par. (4)(A). Pub. L. 93–126 inserted “kindergarten,” before “elementary”.

1971

Par. (3). Pub. L. 92–187 substituted “the employee’s post” for “his post” and “the employee’s spouse or” for “his wife or his”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective , except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–53 effective , see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of Title 22, Foreign Relations and Intercourse.

Executive Documents

Delegation of Functions

Secretary of State empowered to prescribe regulations governing travel expenses for dependents of certain employees, see section 1(b) of Ex. Ord. No. 10903, , 26 F.R. 217, set out as a note under section 5921 of this title.

Credits

1966–2007 · 18 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 511
  2. 1971Pub. L. 92–187, § 2, , 85 Stat. 644
  3. 1973Pub. L. 93–126, § 12, , 87 Stat. 454
  4. 1974Pub. L. 93–475, § 13, , 88 Stat. 1443
  5. 1975Pub. L. 94–141, title IV, § 405, , 89 Stat. 770
  6. 1979Pub. L. 96–53, title V, § 510, , 93 Stat. 380
  7. 1979Pub. L. 96–100, title V, § 502, , 93 Stat. 734
  8. 1979Pub. L. 96–132, § 4(h), , 93 Stat. 1045
  9. 1980Pub. L. 96–465, title II, §§ 2307, 2308, , 94 Stat. 2165
  10. 1982Pub. L. 97–258, § 3(a)(15), , 96 Stat. 1063
  11. 1986Pub. L. 99–251, title III, § 303, , 100 Stat. 26
  12. 1990Pub. L. 101–510, div. A, title XII, § 1206(h), , 104 Stat. 1662
  13. 1991Pub. L. 102–138, title I, § 147(e), , 105 Stat. 670
  14. 1994Pub. L. 103–236, title I, § 176, , 108 Stat. 413
  15. 1996Pub. L. 104–201, div. C, title XXXV, § 3548(a)(7), , 110 Stat. 2869
  16. 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 336], , 113 Stat. 1536, 1501A–442
  17. 2002Pub. L. 107–228, div. A, title III, § 319, , 116 Stat. 1380
  18. 2007Pub. L. 109–472, § 3, , 120 Stat. 3554.
Show as published

(Pub. L. 89–554, , 80 Stat. 511; Pub. L. 92–187, § 2, , 85 Stat. 644; Pub. L. 93–126, § 12, , 87 Stat. 454; Pub. L. 93–475, § 13, , 88 Stat. 1443; Pub. L. 94–141, title IV, § 405, , 89 Stat. 770; Pub. L. 96–53, title V, § 510, , 93 Stat. 380; Pub. L. 96–100, title V, § 502, , 93 Stat. 734; Pub. L. 96–132, § 4(h), , 93 Stat. 1045; Pub. L. 96–465, title II, §§ 2307, 2308, , 94 Stat. 2165; Pub. L. 97–258, § 3(a)(15), , 96 Stat. 1063; Pub. L. 99–251, title III, § 303, , 100 Stat. 26; Pub. L. 101–510, div. A, title XII, § 1206(h), , 104 Stat. 1662; Pub. L. 102–138, title I, § 147(e), , 105 Stat. 670; Pub. L. 103–236, title I, § 176, , 108 Stat. 413; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(7), , 110 Stat. 2869; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 336], , 113 Stat. 1536, 1501A–442; Pub. L. 107–228, div. A, title III, § 319, , 116 Stat. 1380; Pub. L. 109–472, § 3, , 120 Stat. 3554.)

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