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

Page 747 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5727 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, when an employee, including a new appointee and a student trainee to the ex- tent authorized by section 5723 of this title, is assigned to a permanent duty station at an iso- lated location in the continental United States to which he cannot take or at which he is unable to use his household goods and personal effects because of the absence of residence quarters at the location, nontemporary storage expenses or storage at Government expense in Government- owned facilities (including related transpor- tation and other expenses), whichever is more economical, may be allowed the employee under regulations prescribed by the head of the agency concerned. The weight of property stored under this subsection, together with the weight of property transported under sections 5723(a) and 5724(a) of this title, may not exceed the total maximum weight the employee would be enti- tled to have moved. The period of nontemporary storage under this subsection may not exceed 3 years. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 504; Pub. L. 90–83, § 1(38), Sept. 11, 1967, 81 Stat. 205; Pub. L. 98–151, § 118(a)(2), Nov. 14, 1983, 97 Stat. 977; Pub. L. 104–201, div. A, title XVII, § 1723(b)(1), (3), Sept. 23, 1996, 110 Stat. 2759.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 73b–1(e). Sept. 6, 1960, Pub. L. 86–707, § 301(c)(2), (d) (as applica- ble to the Administrative Expenses Act of 1946, as amended), 74 Stat. 796. The word ‘‘employee’’ is substituted for ‘‘civilian offi- cer or employee’’ in view of the definition of ‘‘em- ployee’’ in sections 5721 and 2105. In subsection (b), the words ‘‘including a new ap- pointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title’’ are substituted for ‘‘including any new appointee in accordance with section 73b–3 of this title’’ for clarity and reflect the codification of former section 73b–3 in this title. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 5726(c) ....... 5 App.: 73b–4c. July 21, 1966, Pub. L. 89–516, § 2 ‘‘Sec. 25’’, 80 Stat. 324. The amendment of subsection (a) of 5 U.S.C. 5726 re- flects the addition of a new subsection (c). Subsection (b) of 5 U.S.C. 5726 was derived from sub- section (e) of section 1 of the Administrative Expenses Act of 1946, as amended (74 Stat. 796). In the codifica- tion of subsection (e), the words ‘‘7,000 pounds net weight’’ were substituted for ‘‘the maximum weight limitation provided by subsection (a)’’. During the pendency of the codification bill, section 1(a)(2) of Pub- lic Law 89–516, amended subsection (a) of section 1 of the Administrative Expenses Act of 1946 to increase the maximum weight limitation from 7,000 to 11,000 pounds. Thus, the amendment of subsection (b) is necessary to reflect the current weight limitation applicable. In subsection (c), the word ‘‘employee’’ is substituted for ‘‘civilian officer or employee’’ to conform to the definitions in 5 U.S.C. 5721(2) and 2105. The words ‘‘in- cluding a new appointee and a student trainee to the extent authorized by section 5723 of this title’’ are sub- stituted for ‘‘including any new appointee in accord- ance with section 7(b) of this Act, as amended’’ for clar- ity and to reflect the codification of section 7(b) in 5 U.S.C. 5723. The words ‘‘continental United States’’ are coextensive with and substituted for ‘‘continental United States, excluding Alaska’’ on authority of the definition of ‘‘continental United States’’ in 5 U.S.C. 5721(3). The words ‘‘head of the agency concerned’’ are substituted for ‘‘head of the Executive Department or agency concerned’’ to conform to the definition in 5 U.S.C. 5721(1). In the penultimate sentence, the words ‘‘sections 5723(a) and 5724(a) of this title’’ are sub- stituted for ‘‘section 1 or 7(b) of this Act’’ to reflect the codification of sections 1 and 7(b) in 5 U.S.C. 5723(a) and 5724(a); and the word ‘‘officer’’ is omitted as included in ‘‘employee’’. In the last sentence, the words ‘‘under this subsection’’ are inserted for clarity. Subsection (b) of section 25 of the Administrative Ex- penses Act of 1946 (added by section 2 of Public Law 89–516) is omitted as executed. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–201, § 1723(b)(3), sub- stituted ‘‘as authorized under regulations prescribed under section 5738 of this title’’ for ‘‘as the President may by regulation authorize’’. Subsecs. (b), (c). Pub. L. 104–201, § 1723(b)(1), sub- stituted ‘‘Under regulations prescribed under section 5738 of this title’’ for ‘‘Under such regulations as the President may prescribe’’. 1983—Subsec. (b). Pub. L. 98–151 substituted ‘‘18,000’’ for ‘‘11,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of this title. EFFECTIVE DATE OF 1983 AMENDMENT; PROMULGATION OF REGULATIONS Amendment by Pub. L. 98–151 and promulgation of regulations for amendments by Pub. L. 98–151 effective Nov. 14, 1983, see section 118(c) of Pub. L. 98–151, set out as a note under section 5724 of this title. FUNDING OF AMENDMENTS BY PUB. L. 98–151 Amendments by Pub. L. 98–151 to be carried out by agencies by use of funds appropriated or otherwise available for administrative expenses of such agencies, and do not authorize appropriation of funds in amounts exceeding sums already authorized to be appropriated for such agencies, see section 118(b) of Pub. L. 98–151, set out as a note under section 5724 of this title. § 5727. Transportation of motor vehicles (a) Except as specifically authorized by stat- ute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an au- thorization to transport an automobile. (b) Under regulations prescribed under section 5738 of this title, the privately owned motor ve- hicle of an employee, including a new appointee and a student trainee to the extent authorized 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 head of the agency concerned may authorize transportation under subsection (b) of this sec- tion of a replacement for that motor vehicle. (e) When the head of an agency authorizes transportation under subsection (b) or (c) of this section of a privately owned motor vehicle, the transportation may be by— (1) commercial means, if available at reason- able rates and under reasonable conditions; or (2) Government means on a space-available basis. (f)(1) This section, except subsection (a), does not apply to— (A) the Foreign Service of the United States; or (B) the Central Intelligence Agency. (2) This section, except subsection (a), does not affect section 403e(4) of title 50.1 (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 504; Pub. L. 96–465, title II, § 2314(e), Oct. 17, 1980, 94 Stat. 2168; Pub. L. 104–201, div. A, title XVII, §§ 1715(a), 1723(b)(1), Sept. 23, 1996, 110 Stat. 2755, 2759; Pub. L. 105–264, § 6(7), Oct. 19, 1998, 112 Stat. 2356.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 73c. June 30, 1932, ch. 314, § 209, 47 Stat. 405. Apr. 30, 1940, ch. 172, 54 Stat. 174. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large Aug. 13, 1946, ch. 957, § 1131(64), 60 Stat. Stat. 1040. (b)–(e) ....... 5 U.S.C. 73b–1(f). Sept. 6, 1960, Pub. L. 86–707, § 321, 74 Stat. 797. Feb. 5, 1964, Pub. L. 88–266, 78 Stat. 8. In subsection (a), the proviso in former section 73c is omitted as superseded by section 2634 of title 10, and by former section 73b–1(f), which is carried into sub- sections (b)–(e). In subsection (b), the words ‘‘including a new ap- pointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title’’ are substituted for ‘‘including any new appointee, in accordance with section 73b–3 of this title’’ for clarity and reflect the codification of former section 73b–3 in this title. The words ‘‘at Government expense’’ are inserted for clar- ity. The last sentence of subsection (f) of former section 73b–1 which provided that for the purposes of that sub- section and subsection (e), which is carried into section 5726, Alaska shall be considered to be outside the conti- nental limits of the United States is omitted as unnec- essary in view of the definition of ‘‘continental United States’’ in section 5721(4). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 403e of title 50, referred to in subsec. (f)(2), was editorially reclassified to section 3505 of Title 50, War and National Defense. AMENDMENTS 1998—Subsec. (d). Pub. L. 105–264 substituted ‘‘conti- nental United States’’ for ‘‘United States’’. 1996—Subsec. (b). Pub. L. 104–201, § 1723(b)(1), in intro- ductory provisions, substituted ‘‘Under regulations pre- scribed under section 5738 of this title’’ for ‘‘Under such regulations as the President may prescribe’’. Subsec. (c). Pub. L. 104–201, § 1715(a)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 104–201, § 1715(a)(3), inserted ‘‘or (c)’’ after ‘‘subsection (b)’’. Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (e) as (f). 1980—Subsec. (e)(2). Pub. L. 96–465 substituted ‘‘sec- tion 403e(4) of title 50’’ for ‘‘(A) section 1138 of title 22; or’’ and struck out ‘‘(B) section 403e(4) of title 50’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. § 5728. Travel and transportation expenses; vaca- tion leave (a) Under regulations prescribed under section 5738 of this title, an agency shall pay from its