Title 5 — Government Organization and Employees

Part III · Chapter 57 — Travel, Transportation, and Subsistence

§ 5727. Transportation of motor vehicles

Statutory text

Except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile.

Under regulations prescribed under section 5738 of this title, the privately owned motor vehicle of an employee, including a new appointee and a student trainee to the extent authorized 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 continental United States, when—

the employee is assigned to the post of duty for other than temporary duty; and

the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty.

Under regulations prescribed under section 5738 of this title, the privately owned motor vehicle 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 transported at Government expense to a new official station of the employee when the agency determines that such transport is advantageous and cost-effective to the Government.

An employee may transport only one motor vehicle under subsection (b) of this section during a 4-year period, except when the head of the agency concerned determines that replacement of the motor vehicle during the period 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 section of one additional privately owned motor vehicle as a replacement. When an employee has remained in continuous service outside the continental United States during the 4-year period after the date of transportation under subsection (b) of this section of his motor vehicle, the head of the agency concerned may authorize transportation under subsection (b) of this section of a replacement for that motor vehicle.

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—

commercial means, if available at reasonable rates and under reasonable conditions; or

Government means on a space-available basis.

This section, except subsection (a), does not apply to—

the Foreign Service of the United States; or

the Central Intelligence Agency.

This section, except subsection (a), does not affect section 403e(4) of title 50.1

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 5727
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 504
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 504
1980
Pub. L. 96–465 title II § 2314(e) · 94 Stat. 2071
1. Substituted · 5 U.S.C. § 5727(e)(2)
  Pub. L. 96–465 substituted “section 403e(4) of title 50” for “(A) section 1138 of title 22; or”
2. Struck · 5 U.S.C. § 5727(e)(2)
  Pub. L. 96–465 struck out “(B) section 403e(4) of title 50”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 96–465 substituted “section 403e(4) of title 50” for “(A) section 1138 of title 22; or” and struck out “(B) section 403e(4) of title 50”.
Enacted provision · exact public law section
(e) Section 5727(e)(2) of title 5, United States Code, is amended to read as follows: “(2) This section, except subsection (a), does not affect section 403e(4)of title 50.”.
1996
Federal Employee Travel Reform Act of 1996
Pub. L. 104–201 § 1723(b)(1) · 110 Stat. 2422
Substituted · 5 U.S.C. § 5727(b)
Pub. L. 104–201, § 1723(b)(1), in introductory provisions, substituted “Under regulations prescribed under section 5738 of this title” for “Under such regulations as the President may prescribe”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–201, § 1723(b)(1), in introductory provisions, substituted “Under regulations prescribed under section 5738 of this title” for “Under such regulations as the President may prescribe”.
Enacted provision · exact public law section
(1) Sections 5722, 5723, 5724, (in subsections (a), (b), and (c)), 5724b, 5726 (in subsections (b) and (c)), 5727(b), 5728 (in subsections (a), (b), and (c)(1)), and 5729 (in subsections (a) and (b)) of title 5, United States Code, are amended by striking out “Under such regulations as the President may prescribe”, and inserting in lieu thereof “Under regulations prescribed under section 5738 of this title”.
Effective date note
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.
1996
Federal Employee Travel Reform Act of 1996
Pub. L. 104–201 § 1715(a)(2) · 110 Stat. 2422
Redesignated · 5 U.S.C. § 5727(c)
Pub. L. 104–201, § 1715(a)(2), added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–201, § 1715(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Enacted provision · exact public law section
(2) by inserting after subsection (b) the following new subsection: “(c) Under regulations prescribed under section 5738 of this title, the privately owned motor vehicle 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 transported at Government expense to a new official station of the employee when the agency determines that such transport is advantageous and cost-effective to the Government.”; and
Effective date note
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.
1996
Federal Employee Travel Reform Act of 1996
Pub. L. 104–201 § 1715(a)(1) · 110 Stat. 2422
Redesignated · 5 U.S.C. § 5727(d)
Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Enacted provision · exact public law section
(1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;
Effective date note
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.
1996
Federal Employee Travel Reform Act of 1996
Pub. L. 104–201 § 1715(a)(3) · 110 Stat. 2422
Inserted · 5 U.S.C. § 5727(e)
Pub. L. 104–201, § 1715(a)(3), inserted “or (c)” after “subsection (b)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–201, § 1715(a)(3), inserted “or (c)” after “subsection (b)”.
Enacted provision · exact public law section
(3) in subsection (e) (as so redesignated), by inserting “or (c)” after “subsection (b)”.
Effective date note
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.
1996
Federal Employee Travel Reform Act of 1996
Pub. L. 104–201 § 1715(a)(1) · 110 Stat. 2422
Redesignated · 5 U.S.C. § 5727(e)
Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Enacted provision · exact public law section
(1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;
Effective date note
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.
1996
Federal Employee Travel Reform Act of 1996
Pub. L. 104–201 § 1715(a)(1) · 110 Stat. 2422
Redesignated · 5 U.S.C. § 5727(f)
Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (e) as (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–201, § 1715(a)(1), redesignated subsec. (e) as (f).
Enacted provision · exact public law section
(1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;
Effective date note
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.
1998
Travel and Transportation Reform Act of 1998
Pub. L. 105–264 § 6(7) · 112 Stat. 2350
Substituted · 5 U.S.C. § 5727(d)
Pub. L. 105–264 substituted “continental United States” for “United States”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–264 substituted “continental United States” for “United States”.
Enacted provision · exact public law section
(7) in section 5727(d), by striking “United States” and inserting “continental United States”;

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes 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.
		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 subsections (b)–(e).

In subsection (b), the words “including a new appointee 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 clarity.

The last sentence of subsection (f) of former section 73b–1 which provided that for the purposes of that subsection and subsection (e), which is carried into section 5726, Alaska shall be considered to be outside the continental limits of the United States is omitted as unnecessary in view of the definition of “continental United States” in section 5721(4).

Standard changes are made to conform with the definitions 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.

Amendments1980–1998 · 3 rounds

1998

Subsec. (d). Pub. L. 105–264 substituted “continental United States” for “United States”.

1996

Subsec. (b). Pub. L. 104–201, § 1723(b)(1), in introductory provisions, substituted “Under regulations prescribed 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 “section 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.

Credits

1966–1998 · 4 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 504
1980Pub. L. 96–465, title II, § 2314(e), Oct. 17, 1980, 94 Stat. 2168
1996Pub. L. 104–201, div. A, title XVII, §§ 1715(a), 1723(b)(1), Sept. 23, 1996, 110 Stat. 2755, 2759
1998Pub. L. 105–264, § 6(7), Oct. 19, 1998, 112 Stat. 2356.

Show as published

(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.)