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5 U.S.C. § 5738 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5738 — Regulations

**(a)** (1) Except as specifically provided in this subchapter, the Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter. (2) The Administrator of General Services shall include in the regulations authority for the head of an agency or his designee to waive any limitation of this subchapter or in any implementing regulation for any employee relocating to or from a remote or isolated location who would suffer hardship if the limitation were not waived. A waiver of a limitation under authority provided in the regulations pursuant to this paragraph shall be effective notwithstanding any other provision of this subchapter. **(b)** In prescribing regulations for the implementation of [section 5724b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5724b&num=0&edition=prelim), the Administrator of General Services shall consult with the Secretary of the Treasury. **(c)** The Secretary of Defense shall prescribe regulations necessary for the implementation of [section 5735 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5735&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_03f334c039962b461770c97f
Source file: Laws/federal/codes/united-states-code/title-5/section-5738-regulations--1426edca70.md
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Passage SHA-256: 62bcfa6eb2a7a3dea7eb5422f56c6ee415dc624f7c1c1d3343d9629a7e547af8

Source location: Title 5, Chapter 57, § 5738; chapter-057-travel-transportation-and-subsistence.md

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**(a)** (1) Except as specifically provided in this subchapter, the Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter. (2) The Administrator of General Services shall include in the regulations authority for the head of an agency or his designee to waive any limitation of this subchapter or in any implementing regulation for any employee relocating to or from a remote or isolated location who would suffer hardship if the limitation were not waived. A waiver of a limitation under authority provided in the regulations pursuant to this paragraph shall be effective notwithstanding any other provision of this subchapter. **(b)** In prescribing regulations for the implementation of [section 5724b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5724b&num=0&edition=prelim), the Administrator of General Services shall consult with the Secretary of the Treasury. **(c)** The Secretary of Defense shall prescribe regulations necessary for the implementation of [section 5735 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5735&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5724b — Taxes on reimbursements for travel, transportation, and relocation expenses

**(a)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim) and to the extent considered necessary and appropriate, as provided therein, appropriations or other funds available to an agency for administrative expenses are available for the reimbursement of substantially all of the Federal, State, and local income taxes incurred by an individual, or by an individual and such individual’s spouse (if filing jointly), for any travel, transportation, or relocation expenses furnished in kind, or for which reimbursement or an allowance is provided (but only to the extent of the expenses paid or incurred). Reimbursements under this subsection shall also include an amount equal to all income taxes for which the individual, or the individual and spouse, as the case may be, would be liable due to the reimbursement for the taxes referred to in the first sentence of this subsection. **(b)** For purposes of this section, the term “travel, transportation, or relocation expenses” means all travel, transportation, and relocation expenses reimbursed or furnished in kind pursuant to this subchapter or chapter 41.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5724b

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5722 — Travel and transportation expenses of new appointees; posts of duty outside the continental United States

**(a)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim) and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations— (1) travel expenses of a new appointee and transportation expenses of his immediate family and his household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental United States; (2) these expenses on the return of an employee from his post of duty outside the continental United States to the place of his actual residence at the time of assignment to duty outside the continental United States; and (3) the expenses of transporting a privately owned motor vehicle as authorized under [section 5727(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5727/c&num=0&edition=prelim). **(b)** An agency may pay expenses under subsection (a)(1) of this section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of— (1) one school year as determined under chapter 25 of title 20, if selected for appointment to a teaching position, except as a substitute, in the Department of Defense under that chapter; or (2) 12 months after his appointment, if selected for appointment to any other position; unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the expenses is recoverable from the individual as a debt due the Government. **(c)** An agency may pay expenses under subsection (a)(2) of this section

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5735 — Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service

**(a) In General.—** Notwithstanding any other provision of law, employees of the Department of Defense described in subsection (b) may be authorized travel, transportation, and relocation expenses and allowances in connection with appointments referred to in such subsection under the same conditions and to the same extent authorized by this subchapter for transferred employees. **(b) Covered Employees.—** Subsection (a) applies to any employee of the Department of Defense who— (1) is scheduled for separation from the Department, other than for cause; (2) is selected for appointment to a continuing position with the United States Postal Service; and (3) accepts the appointment.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5735

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5723 — Travel and transportation expenses of new appointees and student trainees

**(a)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim) and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations— (1) travel expenses (A) of a new appointee, or a student trainee when assigned on completion of college work, to any position, (B) of a new appointee to the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or (C) of any person appointed by the President to a position the rate of pay for which is equal to or higher than the minimum rate of pay payable for a position classified above GS–15 pursuant to section 5108; (2) transportation expenses of his immediate family and his household goods and personal effects to the extent authorized by [section 5724 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5724&num=0&edition=prelim); and (3) the expenses of transporting a privately owned motor vehicle as authorized under [section 5727(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5727/c&num=0&edition=prelim); from his place of residence at the time of selection or assignment to his duty station. If the travel and transportation expenses of a student trainee were paid when he was appointed, they may not be paid when he is assigned after completion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employees by subchapter I of this chapter. Advances of funds may be made for the expenses authorized by this subsection to the extent authorized by [section 5724(f) of this title]

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5723

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5724 — Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis

**(a)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim) and when the head of the agency concerned or his designee authorizes or approves, the agency shall pay from Government funds— (1) the travel expenses of an employee transferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his immediate family, or a commutation thereof under [section 5704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5704&num=0&edition=prelim); (2) the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking his household goods and personal effects not in excess of 18,000 pounds net weight; and (3) upon the separation (or death in service) of a career appointee, as defined in [section 3132(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/4&num=0&edition=prelim), the travel expenses of that individual (if applicable), the transportation expenses of the immediate family of such individual, and the expenses of moving (including transporting, packing, crating, temporarily storing, draying, and unpacking) the household goods of such individual and personal effects not in excess of eighteen thousand pounds net weight, to the place where the individual will reside (or, in the case of a career appointee who dies in service or who dies after separating but before the travel, transportation, and moving is completed, to the place where the family will reside) within the United States, if such individual— (A) during or after the five years preceding eligibility to receive a

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5724

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5724a — Relocation expenses of employees transferred or reemployed

**(a)** Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, a per diem allowance or the actual subsistence expenses, or a combination thereof, of the immediate family of the employee for en route travel of the immediate family between the employee’s old and new official stations. **(b)** (1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government between official stations located within the United States— (A) the expenses of transportation of the employee and the employee’s spouse for travel to seek permanent residence quarters at a new official station; and (B) either— (i) a per diem allowance or the actual subsistence expenses (or a combination of both); or (ii) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services. (2) Expenses may be allowed under paragraph (1) only for one round trip in connection with each change of station of the employee. **(c)** (1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government— (A) actual subsistence expenses of the employee and the employee’s immediate family for a period of up to 60 days while the employee or family is occupying temporary quarters when the new official station is located within the United States; or (B) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services, instead of the actual subsistence expenses authorized in subparagraph (A) of this paragraph. (2) The period authorized in

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5724a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5724c — Relocation services

Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim), each agency may enter into contracts to provide relocation services to agencies and employees for the purpose of carrying out this subchapter. An agency may pay a fee for such services. Such services include arranging for the purchase of a transferred employee’s residence.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5724c

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5726 — Storage expenses; household goods and personal effects

**(a)** For the purpose of subsection (b) of this section, “household goods and personal effects” means such personal property of an employee and his dependents as authorized under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim) to be transported or stored, including, in emergencies, motor vehicles authorized to be shipped at Government expense. **(b)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim), an employee, including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, assigned to a permanent duty station outside the continental United States may be allowed storage expenses and related transportation and other expenses for his household goods and personal effects when— (1) the duty station is one to which he cannot take or at which he is unable to use his household goods and personal effects; or (2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy. The weight of the household goods and personal effects stored under this subsection, together with the weight of property transported under section 5724(a), may not exceed 18,000 pounds net weight, excluding a motor vehicle described by subsection (a) of this section. **(c)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim), when an employee, including a new appointee and a student trainee to the extent authorized by [section 5723

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5726

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5727 — Transportation of motor vehicles

**(a)** Except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile. **(b)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim), the privately owned motor vehicle of an employee, including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, may be transported at Government expense to, from, and between the continental United States and a post of duty outside the continental United States, or between posts of duty outside the continental United States, when— (1) the employee is assigned to the post of duty for other than temporary duty; and (2) the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty. **(c)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim), the privately owned motor vehicle or vehicles of an employee, including a new appointee or a student trainee for whom travel and transportation expenses are authorized under [section 5723 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5723&num=0&edition=prelim), may be transported at Government expense to a new official station of the employee when the agency determines that such transport is advantageous and cost-effective to the Government. **(d)** An employee may transport only one motor vehicle under subsection (b) of this se

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5728 — Travel and transportation expenses; vacation leave

**(a)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim), an agency shall pay from its appropriations the expenses of round-trip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty outside the continental United States, Alaska, and Hawaii to the place of his actual residence at the time of appointment or transfer to the post of duty, after he has satisfactorily completed an agreed period of service outside the continental United States, Alaska, and Hawaii and is returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty outside the continental United States, Alaska, and Hawaii under a new written agreement made before departing from the post of duty. **(b)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim), an agency shall pay from its appropriations the expenses of round-trip travel of an employee of the Government appointed by the President, by and with the advice and consent of the Senate, for a term fixed by statute, and of transportation of his immediate family, but not household goods, from his post of duty outside the continental United States, Alaska, and Hawaii to the place of his actual residence at the time of appointment to the post of duty, after he has satisfactorily completed each 2 years of service outside the continental United States, Alaska, and Hawaii and is returning to his actual place of residence to take leave before serving at least 2 more years of duty outside the continental Unit

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