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

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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Stable record: federal_law:legal_authorities:record_usc_986fbb8612b76b36d595f060
Source file: Laws/federal/codes/united-states-code/title-5/section-5728-travel-and-transportation-expenses-vacation-leave--0dfe3a3ddb.md
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Source location: Title 5, Chapter 57, § 5728; chapter-057-travel-transportation-and-subsistence.md

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**(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 United States, Alaska, and Hawaii. **(c)** (1) 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 may pay, subject to paragraph (3) of this subsection, the expenses described in paragraph (2) of this subsection in any case in which the head of the agency determines that the payment of such expenses is necessary for the purpose of recruiting or retaining an employee for service of a tour of duty at a post of duty in Alaska or Hawaii. (2) The expenses payable under paragraph (1) of this subsection are 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 in Alaska or Hawaii to the place of his actual residence at the time of appointment or transfer to the post of duty, incurred after he has satisfactorily completed an agreed period of service in Alaska or Hawaii and in returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty in Alaska or Hawaii under a new written agreement made before departing from the post of duty. (3) The payment of expenses of any employee and the transportation of his family under paragraph (1) of this subsection is limited to the expenses of travel and transportation incurred for not more than two round trips commenced within 5 years after the date the employee first commences any period of consecutive tours of duty in Alaska or Hawaii. **(d)** This section does not apply to appropriations for the Foreign Service of the United States.

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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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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

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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

5 U.S.C. § 5728 — Travel and transportation expenses; vaca-

Page 748 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5728 1 See References in Text note below. 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 con- tinental 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 deter- mines that it is in the interest of the Govern- ment 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, the privately owned motor ve- hicle 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, may be trans- ported at Government expense to a new official station of the employee when the agency deter- mines 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 sec- tion during a 4-year period, except when the head of the agency concerned determines that replacement of the motor vehicle during the pe- riod is necessary for reasons beyond the control of the employee and is in the interest of the Government, and authorizes in advance the transportation under subsection (b) of this sec- tion of one additional privately owned motor ve- hicle as a replacement. When an employee has remained in continuous service outside the con- tinental United States during the 4-year period after the date of transportation under sub- section (b) of this section of his motor vehicle, the h

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5728

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