5 U.S.C. § 5706 — Allowable travel expenses

Page 728 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5705 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 AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–291, in last sentence, substituted ‘‘the rate per mile shall be the single stand- ard mileage rate established by the Internal Revenue Service’’ for ‘‘the rate per mile established by the Ad- ministrator shall not exceed the single standard mile- age rate established by the Internal Revenue Service’’. 1994—Pub. L. 103–329 amended text generally. Prior to amendment, text read as follows: ‘‘(a) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to not in excess of— ‘‘(1) 20 cents a mile for the use of a privately owned motorcycle; ‘‘(2) 25 cents a mile for the use of a privately owned automobile; or ‘‘(3) 45 cents a mile for the use of a privately owned airplane; instead of actual expenses of transportation when that mode of transportation is authorized or approved as more advantageous to the Government. A determina- tion of such advantage is not required when payment on a mileage basis is limited to the cost of travel by common carrier including per diem. Notwithstanding the preceding provisions of this subsection, in any case in which an employee who is engaged on official busi- ness for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, pay- ment on a mileage basis is limited to the cost of travel by a Government vehicle. ‘‘(b) In addition to the mileage allowance authorized under subsection (a) of this section, the employee may be reimbursed for— ‘‘(1) parking fees; ‘‘(2) ferry fees; ‘‘(3) bridge, road, and tunnel costs; and ‘‘(4) airplane landing and tie-down fees.’’ 1980—Subsec. (a)(1). Pub. L. 96–346, § 2(1), substituted ‘‘20 cents’’ for ‘‘11 cents’’. Subsec. (a)(2). Pub. L. 96–346, § 2(2), substituted ‘‘25 cents’’ for ‘‘20 cents’’. Subsec. (a)(3). Pub. L. 96–346, § 2(3), substituted ‘‘45 cents’’ for ‘‘24 cents’’. 1975—Subsec. (a). Pub. L. 94–22 struck out ‘‘or other individual performing services for the Government’’ after ‘‘employee’’, substituted ‘‘for the Government’’ for ‘‘inside or outside his designated post of duty or place of service’’, increased from 8 to 11 cents the al- lowance for use of a motorcycle, from 12 to 20 cents the allowance for use of an automobile, and from 12 to 24 cents the allowance for use of an airplane, and inserted provision relating to the limitation of an allowance to the cost of travel by Government vehicle when an em- ployee chooses a privately owned vehicle in lieu of a Government vehicle. Subsec. (b). Pub. L. 94–22 inserted ‘‘authorized’’ after ‘‘allowance’’, struck out ‘‘or other individual per- forming service for the Government’’ after ‘‘employee’’, and provided for reimbursement of airplane landing and tie-down fee. § 5705. Advancements and deductions An agency may advance, through the proper disbursing official, to an employee entitled to per diem or mileage allowances under this sub- chapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or his estate by— (1) setoff against accrued pay, retirement credit, or other amount due the employee; (2) deduction from an amount due from the United States; and (3) such other method as is provided by law. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 500; Pub. L. 94–22, § 2(b), May 19, 1975, 89 Stat. 84.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 838. June 9, 1949, ch. 185, § 5, 63 Stat. 166. The words ‘‘disbursing official’’ are substituted for ‘‘disbursing officer’’ because of the definition of ‘‘offi- cer’’ in section 2104 which excludes a member of a uni- formed service. Application to section 5703 is based on former section 73b–2, which is carried into section 5703. 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 AMENDMENTS 1975—Pub. L. 94–22 struck out ‘‘or individual’’ after ‘‘employee’’ wherever appearing. § 5706. Allowable travel expenses Except as otherwise permitted by this sub- chapter or by statutes relating to members of the uniformed services, only actual and nec- essary travel expenses may be allowed to an in- dividual holding employment or appointment under the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 500.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 839. June 9, 1949, ch. 185, § 6, 63 Stat. 167. The words ‘‘members of the uniformed services’’ are substituted for ‘‘military personnel’’. 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. § 5706a. Subsistence and travel expenses for threatened law enforcement personnel (a) Under regulations prescribed pursuant to section 5707 of this title, when the life of an em- ployee who serves in a law enforcement, inves- tigative, or similar capacity, or members of such employee’s immediate family, is threat- ened as a result of the employee’s assigned du- ties, the head of the agency concerned may ap- prove appropriate subsistence payments for the employee or members of the employee’s family (or both) while occupying temporary living ac- commodations at or away from the employee’s designated post of duty. (b) When a situation described in subsection (a) of this section requires the employee or members of the employee’s family (or both) to be temporarily relocated away from the employ- ee’s designated post of duty, the head of the agency concerned may approve transportation expenses to and from such alternate location. (Added Pub. L. 99–234, title I, § 103(a), Jan. 2, 1986, 99 Stat. 1757.)