US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC5704]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
           CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
 
    SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
 
Sec. 5704. Mileage and related allowances

    (a)(1) Under regulations prescribed under section 5707 of this 
title, an employee who is engaged on official business for the 
Government is entitled to a rate per mile established by the 
Administrator of General Services, instead of the actual expenses of 
transportation, for the use of a privately owned automobile when that 
mode of transportation is authorized or approved as more advantageous to 
the Government. In any year in which the Internal Revenue Service 
establishes a single standard mileage rate for optional use by taxpayers 
in computing the deductible costs of operating their automobiles for 
business purposes, the rate per mile established by the Administrator 
shall not exceed the single standard mileage rate established by the 
Internal Revenue Service.
    (2) Under regulations prescribed under section 5707 of this title, 
an employee who is engaged on official business for the Government is 
entitled to a rate per mile established by the Administrator of General 
Services, instead of the actual expenses of transportation, for the use 
of a privately owned airplane or a privately owned motorcycle when that 
mode of transportation is authorized or approved as more advantageous to 
the Government.
    (b) A determination that travel by a privately owned vehicle is more 
advantageous to the Government is not required under subsection (a) of 
this section when payment on a mileage basis is limited to the cost of 
travel by common carrier including per diem.
    (c) Notwithstanding the provisions of subsections (a) and (b) of 
this section, in any case in which an employee who is engaged on 
official business for the Government chooses to use a privately owned 
vehicle in lieu of a Government vehicle, payment on a mileage basis is 
limited to the cost of travel by a Government vehicle.
    (d) In addition to the rate per mile authorized under subsection (a) 
of this section, the employee may be reimbursed for--
        (1) parking fees;
        (2) ferry fees;
        (3) bridge, road, and tunnel costs; and
        (4) airplane landing and tie-down fees.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 499; Pub. L. 94-22, Sec. 5, May 
19, 1975, 89 Stat. 85; Pub. L. 96-346, Sec. 2, Sept. 10, 1980, 94 Stat. 
1148; Pub. L. 103-329, title VI, Sec. 634(a), Sept. 30, 1994, 108 Stat. 
2428.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 837.                 June 9, 1949, ch.
                                                    185, Sec.  4, 63
                                                    Stat. 166.
                     ............................  July 28, 1955, ch.
                                                    424, Sec.  4, 69
                                                    Stat. 394.
                                                   Aug. 14, 1961, Pub.
                                                    L. 87-139, Secs.  3,
                                                    4, 75 Stat. 339,
                                                    340.
------------------------------------------------------------------------

    The word ``employee'' is substituted for ``Civilian officers and 
employees of departments and establishments'' in view of the definition 
of ``employee'' in sections 5701 and 2105.
    In subsection (a), the words ``Under regulations prescribed under 
section 5707 of this title'' are substituted for ``under regulations 
prescribed by the Director of the Bureau of the Budget''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1994--Pub. L. 103-329 amended text generally. Prior to amendment, 
text read as follows:
    ``(a) Under regulations prescribed under section 5707 of this title, 
an employee who is engaged on official business for the Government is 
entitled to not in excess of--
        ``(1) 20 cents a mile for the use of a privately owned 
    motorcycle;
        ``(2) 25 cents a mile for the use of a privately owned 
    automobile; or
        ``(3) 45 cents a mile for the use of a privately owned airplane;
instead of actual expenses of transportation when that mode of 
transportation is authorized or approved as more advantageous to the 
Government. A determination of such advantage is not required when 
payment on a mileage basis is limited to the cost of travel by common 
carrier including per diem. Notwithstanding the preceding provisions of 
this subsection, in any case in which an employee who is engaged on 
official business for the Government chooses to use a privately owned 
vehicle in lieu of a Government vehicle, payment on a mileage basis is 
limited to the cost of travel by a Government vehicle.
    ``(b) In addition to the mileage allowance authorized under 
subsection (a) of this section, the employee may be reimbursed for--
        ``(1) parking fees;
        ``(2) ferry fees;
        ``(3) bridge, road, and tunnel costs; and
        ``(4) airplane landing and tie-down fees.''
    1980--Subsec. (a)(1). Pub. L. 96-346, Sec. 2(1), substituted ``20 
cents'' for ``11 cents''.
    Subsec. (a)(2). Pub. L. 96-346, Sec. 2(2), substituted ``25 cents'' 
for ``20 cents''.
    Subsec. (a)(3). Pub. L. 96-346, Sec. 2(3), substituted ``45 cents'' 
for ``24 cents''.
    1975--Subsec. (a). Pub. L. 94-22 struck out ``or other individual 
performing services for the Government'' after ``employee'', substituted 
``for the Government'' for ``inside or outside his designated post of 
duty or place of service'', increased from 8 to 11 cents the allowance 
for use of a motorcycle, from 12 to 20 cents the allowance for use of an 
automobile, and from 12 to 24 cents the allowance for use of an 
airplane, and inserted provision relating to the limitation of an 
allowance to the cost of travel by Government vehicle when an employee 
chooses a privately owned vehicle in lieu of a Government vehicle.
    Subsec. (b). Pub. L. 94-22 inserted ``authorized'' after 
``allowance'', struck out ``or other individual performing service for 
the Government'' after ``employee'', and provided for reimbursement of 
airplane landing and tie-down fee.

                  Section Referred to in Other Sections

    This section is referred to in sections 5707, 5724 of this title; 
title 2 section 476; title 7 sections 3128, 5843; title 13 sections 24, 
26; title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727; 
title 22 section 1474; title 24 section 416; title 28 section 1821; 
title 30 section 812; title 33 section 1320; title 37 section 404; title 
38 section 111; title 42 section 2477.