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 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 Page 749 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5729 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 appoint- ment 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 ac- tual place of residence to take leave before serv- ing 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, 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 con- sent 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 sec- tion 5738 of this title, an agency may pay, sub- ject to paragraph (3) of this subsection, the ex- penses described in paragraph (2) of this sub- section in any case in which the head of the agency determines that the payment of such ex- penses 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 ap- pointment or transfer to the post of duty, in- curred 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 be- fore departing from the post of duty. (3) The payment of expenses of any employee and the transportation of his family under para- graph (1) of this subsection is limited to the ex- penses of travel and transportation incurred for not more than two round trips commenced with- in 5 years after the date the employee first com- mences any period of consecutive tours of duty in Alaska or Hawaii. (d) This section does not apply to appropria- tions for the Foreign Service of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 505; Pub. L. 97–253, title III, § 351(a), (b), Sept. 8, 1982, 96 Stat. 800; Pub. L. 104–201, div. A, title XVII, § 1723(b)(1), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 105–264, § 6(8), 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. 73b–3(a) (3d proviso). Aug. 31, 1954, ch. 1155 (1st proviso), 68 Stat. 1008. (b) ............. 5 U.S.C. 73b–3(a) (4th proviso). Sept. 2, 1958, Pub. L. 85–858, 72 Stat. 1274. The first 14 words of subsections (a) and (b), and sub- section (c), are added on authority of former section 73b–3(a) (less 3d–6th provisos), which is carried into sec- tion 5722. 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 1998—Subsec. (b). Pub. L. 105–264 substituted ‘‘an em- ployee of the Government’’ for ‘‘an employee of the United States’’. 1996—Subsecs. (a) to (c)(1). Pub. L. 104–201, § 1723(b)(1), substituted ‘‘Under regulations prescribed under sec- tion 5738 of this title’’ for ‘‘Under such regulations as the President may prescribe’’. 1982—Subsecs. (a), (b). Pub. L. 97–253, § 351(a), inserted ‘‘, Alaska, and Hawaii’’ after ‘‘continental United States’’ wherever appearing. Subsecs. (c), (d). Pub. L. 97–253, § 351(b), added subsec. (c) and redesignated former subsec. (c) as (d). 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 1982 AMENDMENT Pub. L. 97–253, title III, § 351(c), (d), Sept. 8, 1982, 96 Stat. 800, as amended by Pub. L. 97–346, § 3(m), Oct. 15, 1982, 96 Stat. 1649, provided that: ‘‘(c)(1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect with respect to expenses in- curred after the date of enactment of this Act [Sept. 8, 1982] for round-trip travel (commenced after such date) of an employee or transportation of his immediate fam- ily from his post of duty to the place of his actual resi- dence at the time of appointment or transfer to the post of duty. ‘‘(2) The amendments made by this section [amending this section] shall not apply to any employee who is serving a tour of duty at a post of duty in Alaska or Hawaii on the date of the enactment of this Act [Sept. 8, 1982] during— ‘‘(A) such tour of duty, and ‘‘(B) any other consecutive tour of duty following such tour of duty. ‘‘(d) For the purposes of subsection (c), the term ‘em- ployee’ shall have the same meaning as provided in sec- tion 5721(2) of title 5, United States Code.’’ § 5729. Transportation expenses; prior return of family (a) Under regulations prescribed under section 5738 of this title, an agency shall pay from its appropriations, not more than once before the return to the United States of an employee whose post of duty is outside the continental United States, the expenses of transporting his immediate family and of shipping his household goods and personal effects from his post of duty to his actual place of residence when— (1) he has acquired eligibility for that trans- portation; or