5 USC 5011 Federal Employees Quarters and Facilities Act of 1964

Status: Original and derived artifacts are available for this document.

Download: pdf

Page 581

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

ing section 5901 of this title, each of the respective
maximum uniform allowances in effect on April 1, 1966,
for the respective categories of employees to whom uniform allowances are paid under section 5901 of this title
are increased, subject to the maximum allowance authorized by section 5901 of this title, as follows:
‘‘(1) If the maximum uniform allowance is $100 or
more, it is increased by 25 percent.
‘‘(2) If the maximum uniform allowance is $75 or
more but less than $100, it is increased by 30 percent.
‘‘(3) If the maximum uniform allowance is $50 or
more but less than $75, it is increased by 35 percent.
‘‘(4) If the maximum uniform allowance is less than
$50, it is increased by 40 percent.
The maximum uniform allowances, as in effect on April
1, 1966, and as increased by this section, may not be reduced.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on such date
as the President shall determine, but not earlier than
90 days, and not later than 180 days, after Nov. 5, 1990,
see section 529 [title III, § 305] of Pub. L. 101–509, set out
as a note under section 5301 of this title.

§ 5903. Regulations
The Office of Personnel Management may prescribe such regulations as it considers necessary
for the administration of this subchapter.
(Added Pub. L. 90–83, § 1(40)(A), Sept. 11, 1967, 81
Stat. 206; amended Pub. L. 96–54, § 2(a)(2), Aug.
14, 1979, 93 Stat. 381; Pub. L. 101–509, title V, § 529
[title II, § 202(b)], Nov. 5, 1990, 104 Stat. 1427,
1456.)
HISTORICAL AND REVISION NOTES
Section of
title 5

Source (U.S. Code)

5903 ...........

5: 5901(d).

Source (Statutes at Large)
[None.]

The regulatory authority contained in 5 U.S.C.
5901(d), the source statute for which was section 404 of
the act of September 1, 1954, ch. 1208, 68 Stat. 1115, applies also to section 405 of that act (added by section
407 of the act of July 18, 1966, Public Law 89–504, 80 Stat.
299). Section 405 is codified as 5 U.S.C. 5902 by this bill.
AMENDMENTS
1990—Pub. L. 101–509 amended section generally. Prior
to amendment, section read as follows: ‘‘The President
shall prescribe regulations necessary for the uniform
administration of this subchapter.’’
1979—Pub. L. 96–54 substituted ‘‘President’’ for ‘‘Director of the Bureau of the Budget’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on such date
as the President shall determine, but not earlier than
90 days, and not later than 180 days, after Nov. 5, 1990,
see section 529 [title III, § 305] of Pub. L. 101–509, set out
as a note under section 5301 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–54 effective July 12, 1979,
see section 2(b) of Pub. L. 96–54, set out as a note under
section 305 of this title.

SUBCHAPTER II—QUARTERS
§ 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;

§ 5911

(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

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 5911

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, § 809(c), Nov. 8, 1985, 99 Stat.
681.)
HISTORICAL AND REVISION NOTES
Derivation

Revised Statutes and
Statutes at Large

U.S. Code

(a) .............

5 U.S.C. 3121.

(b) .............

5 U.S.C. 3122.

(c) .............

5 U.S.C. 3123.

(d) .............

5 U.S.C. 3124.

(e) .............

5 U.S.C. 3125.

(f) ..............

5 U.S.C. 3126.

(g) .............

5 U.S.C. 3127.

Aug. 20, 1964, Pub. L. 88–459,
§ 1, 78 Stat. 557.
Aug. 20, 1964, Pub. L. 88–459,
§ 2, 78 Stat. 557.
Aug. 20, 1964, Pub. L. 88–459,
§ 3, 78 Stat. 557.
Aug. 20, 1964, Pub. L. 88–459,
§ 4, 78 Stat. 557.
Aug. 20, 1964, Pub. L. 88–459,
§ 5, 78 Stat. 557.
Aug. 20, 1964, Pub. L. 88–459,
§ 6, 78 Stat. 558.
Aug. 20, 1964, Pub. L. 88–459,
§ 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.
PILOT PROGRAM TO ESTABLISH GOVERNMENT LODGING
PROGRAM
Pub. L. 113–291, div. A, title IX, § 914, Dec. 19, 2014, 128
Stat. 3474, provided that:
‘‘(a) AUTHORITY.—Notwithstanding the provisions of
section 5911 of title 5, United States Code, the Secretary of Defense may, for the period of time described

Page 582

in subsection (b), establish and carry out a Government
lodging program to provide Government or commercial
lodging for employees of the Department of Defense or
members of the uniformed services under the Secretary’s jurisdiction performing duty on official travel,
and may require such travelers to occupy adequate
quarters on a rental basis when available.
‘‘(b) PROGRAM DURATION.—The authority to establish
and execute a Government lodging program under this
section expires on December 31, 2019.
‘‘(c) LIMITATION.—A Government lodging program developed under the authority in subsection (a), and a requirement under subsection (a) with respect to an employee of the Department of Defense, may not be construed to be subject to a duty to negotiate under chapter 71 of title 5, United States Code.
‘‘(d) REPORTS.—
‘‘(1) INITIAL REPORT.—Not later than six months
after the date of the enactment of this Act [Dec. 19,
2014], the Secretary of Defense shall submit to the appropriate committees of Congress a report on the exercise of authority provided by subsection (a). The report shall include a detailed description of the facets
of the Government lodging program, a description of
how the program will increase travel efficiencies
within the Department, a description of how the program will increase the safety of authorized travelers
of the Department of Defense, and an estimate of the
savings expected to be achieved by the program.
‘‘(2) ANNUAL REPORTS.—Each year, the Secretary
shall include with the materials submitted to Congress by the Secretary in support of the budget submitted by the President under section 1105(a) of title
31, United States Code, a report that provides actual
savings achieved (or costs incurred) under the Government lodging program to date and a description of
estimated savings for the fiscal year budget being
submitted, any changes to program rules made since
the prior report, and an overall assessment to date of
the program’s effectiveness in increasing efficiency of
travel and safety of Department employees.
‘‘(3) FINAL REPORT.—With the budget materials submitted to Congress by the Secretary in support of the
budget submitted by the President for fiscal year
2019, the Secretary shall include a final report providing the Secretary’s overall assessment of the effectiveness of the Government lodging program established under subsection (a), including a statement of
savings achieved (or costs incurred) as of that date,
and a recommendation for whether the program shall
be made permanent. The Secretary may, in consultation with the heads of other Federal agencies, make
a recommendation on whether the program should be
expanded and made permanent with respect to those
other Federal agencies.
‘‘(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this subsection, the term ‘appropriate
committees of Congress’ means—
‘‘(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental
Affairs, and the Committee on Appropriations of
the Senate; and
‘‘(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and
the Committee on Appropriations of the House of
Representatives.’’
DEPOSIT IN SPECIAL FUND OF RENTS AND CHARGES
COLLECTED FOR USE OR OCCUPANCY OF QUARTERS
Pub. L. 98–473, title I, § 101(c) [title III, § 320], Oct. 12,
1984, 98 Stat. 1837, 1874, as amended by Pub. L. 100–446,
title III, § 316, Sept. 27, 1988, 102 Stat. 1826; Pub. L.
101–121, title III, § 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

Page 583

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.’’

§ 5912. Quarters in Government owned or rented
buildings; employees in foreign countries
Under regulations prescribed by the head of
the agency concerned and approved by the President, an employee who is a citizen of the United
States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a
Government owned or rented building. The
rented quarters may be furnished only within
the limits of appropriations made therefor.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 509.)
HISTORICAL AND REVISION NOTES
Derivation
..................

U.S. Code
5 U.S.C. 118a.

Revised Statutes and
Statutes at Large
June 26, 1930, ch. 622, 46
Stat. 818.
Sept. 6, 1960, Pub. L. 86–707,
§ 511(c)(6), 74 Stat. 801.

The words ‘‘which appropriations are hereby authorized’’ are omitted as unnecessary in view of section
5509.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.

§ 5913. Official residence expenses
(a) For the purpose of this section, ‘‘agency’’
has the meaning given it by section 5721 of this
title.
(b) Under such regulations as the President
may prescribe, funds available to an agency for
administrative expenses may be allotted to
posts in foreign countries to defray the unusual
expenses incident to the operation and maintenance of official residences suitable for—
(1) the chief representatives of the United
States at the posts; and
(2) such other senior officials of the Government of the United States as the President
may designate.
(c) Funds made available under subsection (b)
may be provided in advance to persons eligible
to receive reimbursements.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 510; Pub. L.
109–140, § 7, Dec. 22, 2005, 119 Stat. 2652.)
HISTORICAL AND REVISION NOTES
Derivation
..................

U.S. Code
5 U.S.C. 3039.

Revised Statutes and
Statutes at Large
Aug. 2, 1946, ch. 744, § 22,
added Sept. 6, 1960, Pub.
L. 86–707, § 311(a), 74 Stat.
796.

The word ‘‘agency’’ is substituted for ‘‘department’’
and defined to conform to the definition of ‘‘depart-

§ 5921

ment’’ in section 18 of the Act of Aug. 2, 1946, ch. 744,
60 Stat. 811.
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
2005—Subsec. (c). Pub. L. 109–140 added subsec. (c).
DELEGATION OF FUNCTIONS
Secretary of State empowered to prescribe regulations governing allotment to posts in foreign countries,
for purpose stated in this section, of funds available to
the departments for administrative expenses, and to
designate senior officials of this Government in foreign
countries, see section 1(c) of Ex. Ord. No. 10903, Jan. 11,
1961, 26 F.R. 217, set out as a note under section 5921 of
this title.

SUBCHAPTER III—OVERSEAS
DIFFERENTIALS AND ALLOWANCES
§ 5921. Definitions
For the purpose of this subchapter—
(1) ‘‘Government’’ means the Government of
the United States;
(2) ‘‘agency’’ means an Executive agency and
the Library of Congress, but does not include
a Government controlled corporation;
(3) ‘‘employee’’ means an employee in or
under an agency and more specifically defined
by regulations prescribed by the President;
(4) ‘‘United States’’, when used in a geographical sense, means the several States and
the District of Columbia;
(5) ‘‘continental United States’’ means the
several States and the District of Columbia,
but does not include Alaska or Hawaii; and
(6) ‘‘foreign area’’ means—
(A) the Trust Territory of the Pacific Islands; and
(B) any other area outside the United
States, the Commonwealth of Puerto Rico,
the Canal Zone, and territories and possessions of the United States.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 510.)
HISTORICAL AND REVISION NOTES
Derivation
..................

U.S. Code
5 U.S.C. 3032.

Revised Statutes and
Statutes at Large
Sept. 6, 1960, Pub. L. 86–707,
§ 111, 74 Stat. 792.

In paragraph (1), the words ‘‘of America’’ are omitted
as unnecessary.
In paragraph (2), the word ‘‘agency’’ is substituted for
‘‘Government agency’’. The term ‘‘Executive agency’’
is substituted for the reference to ‘‘each executive department of the Government, each independent establishment or agency in the executive branch of the Government, including each corporation wholly owned (either directly or through one or more corporations) by
the Government’’. The exception of ‘‘a Government
controlled corporation’’ is added to preserve the application of this subchapter to corporations wholly owned
by the Government.
In paragraph (3), the word ‘‘employee’’ is substituted
for ‘‘individual in the civilian service’’ in view of the
definition of ‘‘employee’’ in section 2105. Reference to
‘‘ambassadors, ministers, and officers of the Foreign
Service under the Department of State’’ is omitted as
included in the definition of ‘‘employee’’.
In paragraph (4), the words ‘‘of the United States of
America’’ are omitted as unnecessary.