5 U.S.C. § 5726

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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 regulations prescribed under section 5738 of this title to be transported or stored, including, in emergencies, 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 personal effects when-

(1) the duty station is one to which he cannot take or at which he is unable to use his household goods and personal effects; or

(2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy.

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 extent authorized by section 5723 of this title, is assigned to a permanent duty station at an isolated 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 transportation 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 entitled to have moved. The period of nontemporary storage under this subsection may not exceed 3 years.

5 U.S.C. § 5726

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 applicable to the Administrative Expenses Act of 1946, as amended), 74 Stat. 796.

The word "employee" is substituted for "civilian officer or employee" in view of the definition of "employee" in sections 5721 and 2105.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. Standard changes are made to conform with the definitions 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 reflects the addition of a new subsection (c). Subsection (b) of 5 U.S.C. 5726 was derived from subsection (e) of section 1 of the Administrative Expenses Act of 1946, as amended (74 Stat. 796). In the codification 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 Public 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 "including a new appointee and a student trainee to the extent authorized by section 5723 of this title" are substituted for "including any new appointee in accordance with section 7(b) of this Act, as amended" for clarity 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 substituted 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 Expenses Act of 1946 (added by section 2 of Public Law 89-516) is omitted as executed.

EDITORIAL NOTES

AMENDMENTS1996-Subsec. (a). Pub. L. 104-201, §1723(b)(3), substituted "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), substituted "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 REGULATIONSAmendment 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.