§5727 — Title 5 Government Organization and Employees | U.S. Code

Summary

The government will not pay to ship an employee’s car just because it will ship other personal belongings, unless another law specifically allows shipping a vehicle. Under agency rules, the government may pay to move an employee’s privately owned car to, from, or between the continental United States and overseas duty stations when the employee is assigned for more than temporary duty and the agency head decides the car is needed for government purposes. This can include new hires and student trainees when their travel is already authorized. An agency can also pay to move a car to a new official station if it is cost-effective. An employee may ship only one car under this rule every 4 years, unless the agency approves a replacement because of reasons beyond the employee’s control or the employee has served continuously outside the continental United States for the full 4 years. Shipments may be by commercial carrier at reasonable cost or on government transport if space is available. These rules do not apply to the Foreign Service or the CIA, except that the rule about cars not being treated as personal effects still applies.

Title 5, §5727

Government Organization and Employees — Source: USLM XML via OLRC

(a)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.

(b)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 section 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—

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

(2)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.

(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.

(d)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.

(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 reasonable 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 50.11 See References in Text note below.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised 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 section 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.

Amendments

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 AmendmentAmendment 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 AmendmentAmendment 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.

§5727 Transportation of Motor Vehicles

Summary

Title 5, §5727

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata