5 USC 5911 - Quarters and facilities; employees in the United States

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

Editorial Notes

Amendments

1985—Subsec. (h). Puspan. L. 99–145 added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

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

Government Lodging Program

Puspan. L. 113–291, div. A, title IX, § 914, Dec. 19, 2014, 128 Stat. 3474, as amended by Puspan. L. 115–91, div. A, title X, § 1051(t)(2), Dec. 12, 2017, 131 Stat. 1566; Puspan. L. 116–92, div. A, title VI, § 642, Dec. 20, 2019, 133 Stat. 1431; Puspan. L. 116–283, div. A, title VI, § 642, Jan. 1, 2021, 134 Stat. 3684, provided that:

“(a)Authority.—Notwithstanding the provisions of section 5911 of title 5, United States Code, the Secretary of Defense may 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.

“(span)Temporary Exclusion of Certain Shipyard Employees.—

“(1)In general.—In carrying out a Government lodging program under subsection (a), the Secretary shall exclude from the requirements of the program employees who are traveling for the performance of mission functions of a public shipyard of the Department if the Secretary determines such requirements would adversely affect the purpose or mission of such travel.

“(2)Termination.—This subsection shall terminate on September 30, 2023.

“(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.”

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

Puspan. L. 98–473, title I, § 101(c) [title III, § 320], Oct. 12, 1984, 98 Stat. 1837, 1874, as amended by Puspan. L. 100–446, title III, § 316, Sept. 27, 1988, 102 Stat. 1826; Puspan. 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 101(c) of Puspan. 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.) [former 25 U.S.C. 450f et seq., now 25 U.S.C. 5321 et seq.], under which such tribe or tribal organization may retain rents and charges for the operation, maintenance, and repair of such quarters.”

Executive Documents

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.