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

Page 746 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5725 Statutory Notes and Related Subsidiaries NO RELEVANCE AS TO COMPENSATION CLAIMS Pub. L. 111–178, § 2(b), June 9, 2010, 124 Stat. 1263, pro- vided that: ‘‘No determination made under section 5724d of title 5, United States Code, shall be deemed rel- evant to or be considered in connection with any claim for compensation under chapter 81 of that title or under any other law under which compensation may be provided on account of death or personal injury, nor shall any determination made with respect to any such claim be deemed relevant to or be considered in connec- tion with any request for payment of expenses under such section 5724d.’’ Executive Documents DELEGATION UNDER SECTION 2(a) OF THE SPECIAL AGENT SAMUEL HICKS FAMILIES OF FALLEN HEROES ACT Memorandum of President of the United States, Sept. 12, 2011, 76 F.R. 57621, provided: Memorandum for the Administrator of General Serv- ices By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you the function conferred upon the President by section 2(a) of the Special Agent Samuel Hicks Families of Fallen Heroes Act (Public Law 111–178) to prescribe the applicable regulations. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 5725. Transportation expenses; employees as- signed to danger areas (a) When an employee of the Government is on duty, or is transferred or assigned to duty, at a place designated by the head of the agency con- cerned as inside a zone— (1) from which his immediate family should be evacuated; or (2) to which they are not permitted to ac- company him; because of military or other reasons which cre- ate imminent danger to life or property, or ad- verse living conditions which seriously affect the health, safety, or accommodations of the immediate family, Government funds may be used to transport his immediate family and household goods, personal effects, and family household pets, under regulations prescribed by the head of the agency, to a location designated by the employee. When circumstances prevent the employee from designating a location, or it is administratively impracticable to determine his intent, the immediate family may designate the location. When the designated location is in- side a zone to which movement of families is prohibited under this subsection, the employee or his immediate family may designate an alter- nate location. (b) When the employee is assigned to a duty station from which his immediate family is not excluded by the restrictions in subsection (a) of this section, Government funds may be used to transport his immediate family and household goods and personal effects from the designated or alternate location to the duty station. (c)(1) The expenses authorized under sub- section (a) shall, with respect to the transport of family household pets, include the expenses for the shipment of and the payment of any quar- antine costs for such pets. (2) Any payment or reimbursement under this section in connection with the transport of fam- ily household pets shall be subject to terms and conditions which— (A) the head of the agency shall by regula- tion prescribe; and (B) shall, to the extent practicable, be the same as would apply under regulations pre- scribed under subsections (c) and (d) of section 453 of title 37 in connection with the transport of family household pets of members of the uniformed services, including regulations re- lating to the types, size, and number of pets for which such payment or reimbursement may be provided. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 503; Pub. L. 105–264, § 6(6), Oct. 19, 1998, 112 Stat. 2356; Pub. L. 112–239, div. A, title XI, § 1106, Jan. 2, 2013, 126 Stat. 1973; Pub. L. 117–263, div. A, title VI, § 626(b)(2), Dec. 23, 2022, 136 Stat. 2628.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 73b–1(d). Sept. 23, 1950, ch. 1010, § 1(c), 64 Stat. 985. The word ‘‘employee’’ is substituted for ‘‘civilian offi- cers and employees’’ in view of the definition of ‘‘em- ployee’’ in sections 5721 and 2105. 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 2022—Subsec. (c)(2)(B). Pub. L. 117–263 substituted ‘‘subsections (c) and (d) of section 453’’ for ‘‘section 476(b)(1)(H)(iii)’’. 2013—Subsec. (a). Pub. L. 112–239, § 1106(1), substituted ‘‘, personal effects, and family household pets,’’ for ‘‘and personal effects,’’ in concluding provisions. Subsec. (c). Pub. L. 112–239, § 1106(2), added subsec. (c). 1998—Subsec. (a). Pub. L. 105–264 substituted ‘‘Govern- ment’’ for ‘‘United States’’ in introductory provisions. § 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 regula- tions prescribed under section 5738 of this title to be transported or stored, including, in emer- gencies, motor vehicles authorized to be shipped at Government expense. (b) Under regulations prescribed under section 5738 of this title, 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 per- sonal effects when— (1) the duty station is one to which he can- not take or at which he is unable to use his household goods and personal effects; or (2) the head of the agency concerned author- izes storage of the household goods and per- sonal effects in the public interest or for rea- sons of economy. 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