---
kind: "section"
citation: "5 U.S.C. § 5760"
title: "5"
title_heading: "Government Organization and Employees"
number: "5760"
heading: "Travel and transportation allowances: transportation of family members incident to the repatriation of employees held captive"
release: "119-102"
url: "https://uscodex.org/usc/5/5760"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 57 — Travel, Transportation, and Subsistence"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §5760. Travel and transportation allowances: transportation of family members incident to the repatriation of employees held captive

- (a) **Allowance for Family Members and Certain Others.—**
  - (1) Under uniform regulations prescribed by the heads of [agencies](/usc/5/500.md?p=a-1), travel and transportation described in [subsection (d)](#d) may be provided for not more than 3 [family members](#c) of an [employee](/usc/5/5361.md?p=1) described in [subsection (b)](#b).
  - (2) In addition to the [family members](#c) authorized to be provided travel and transportation under [paragraph (1)](#a-1), the head of an [agency](/usc/5/500.md?p=a-1) may provide travel and transportation described in [subsection (d)](#d) to an attendant to accompany a [family member](#c) described in [subsection (b)](#b) if the head of an [agency](/usc/5/500.md?p=a-1) determines—
    - (A) the [family member](#c) to be accompanied is unable to travel unattended because of age, physical condition, or other reason determined by the head of the [agency](/usc/5/500.md?p=a-1); and
    - (B) no other [family member](#c) who is eligible for travel and transportation under [subsection (a)](#a) is able to serve as an attendant for the [family member](#c).
  - (3) If no [family member](#c) of an [employee](/usc/5/5361.md?p=1) described in [subsection (b)](#b) is able to travel to the repatriation site of the [employee](/usc/5/5361.md?p=1), travel and transportation described in [subsection (d)](#d) may be provided to not more than 2 persons related to and selected by the [employee](/usc/5/5361.md?p=1).
- (b) **Covered Employees.—** An [employee](/usc/5/5361.md?p=1) described in this subsection is an [employee](/usc/5/5361.md?p=1) (as defined in [section 2105 of this title](/usc/5/2105.md)) who—
  - (1) was held captive, as determined by the head of an [agency](/usc/5/500.md?p=a-1) concerned; and
  - (2) is repatriated to a site inside or outside the United States.
- (c) **Eligible Family Members.—** In this section, the term “family member” has the meaning given the term in [section 451(a) of title 37](/usc/37/451.md?p=a).
- (d) **Travel and Transportation Authorized.—**
  - (1) The transportation authorized by [subsection (a)](#a) is round-trip transportation between the home of the [family member](#c) (or home of the attendant or person provided transportation under paragraph [(2)](#a-2) or [(3)](#a-3) of subsection (a), as the case may be) and the location of the repatriation site at which the [employee](/usc/5/5361.md?p=1) is located.
  - (2) In addition to the transportation authorized by [subsection (a)](#a), the head of an [agency](/usc/5/500.md?p=a-1) may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established for such allowances and expenses under [section 464 of title 37](/usc/37/464.md).
  - (3) The transportation authorized by [subsection (a)](#a) may be provided by any of the means described in [section 452(d) of title 37](/usc/37/452.md?p=d).
  - (4) An allowance under this subsection may be paid in advance.
  - (5) Reimbursement payable under this subsection may not exceed the cost of government-procured round-trip air travel.

## Source credit

(Added Pub. L. 109–163, div. A, title XI, § 1121(a), Jan. 6, 2006, 119 Stat. 3451; amended Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(b)(3), Dec. 23, 2022, 136 Stat. 2628.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (c). Pub. L. 117–263, § 626(b)(3)(A), substituted “section 451(a)” for “section 481h(b)”.

Subsec. (d)(2). Pub. L. 117–263, § 626(b)(3)(B)(i), substituted “section 464” for “section 474(d)”.

Subsec. (d)(3). Pub. L. 117–263, § 626(b)(3)(B)(ii), substituted “section 452(d)” for “section 481h(d)(1)”.

2013—Subsecs. (c), (d)(2), (3). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below.

2011—Subsecs. (c), (d)(2), (3). Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “481h(b)” for “411h(b)” in subsec. (c), “474(d)” for “404(d)” in subsec. (d)(2), and “481h(d)(1)” for “411h(d)(1)” in subsec. (d)(3).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.