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: 5USC5707]

 
             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. 5707. Regulations and reports

    (a)(1) The Administrator of General Services shall prescribe 
regulations necessary for the administration of this subchapter, except 
that the Director of the Administrative Office of the United States 
Courts shall prescribe such regulations with respect to official travel 
by employees of the judicial branch of the Government.
    (2) Regulations promulgated to implement section 5702 or 5706a of 
this title shall be transmitted to the appropriate committees of the 
Congress and shall not take effect until 30 days after such transmittal.
    (b) The Administrator of General Services shall prescribe the 
mileage reimbursement rates for use on official business of privately 
owned airplanes, privately owned automobiles, and privately owned 
motorcycles while engaged on official business as provided for in 
section 5704 of this title as follows:
        (1)(A) The Administrator of General Services, in consultation 
    with the Secretary of Transportation, the Secretary of Defense, and 
    representatives of organizations of employees of the Government, 
    shall conduct periodic investigations of the cost of travel and the 
    operation of privately owned vehicles to employees while engaged on 
    official business, and shall report the results of such 
    investigations to Congress at least once a year.
        (B) In conducting the periodic investigations, the Administrator 
    shall review and analyze among other factors--
            (i) depreciation of original vehicle cost;
            (ii) gasoline and oil (excluding taxes);
            (iii) maintenance, accessories, parts, and tires;
            (iv) insurance; and
            (v) State and Federal taxes.

        (2)(A) The Administrator shall issue regulations under this 
    section which--
            (i) shall prescribe a mileage reimbursement rate which 
        reflects the current costs as determined by the Administrator of 
        operating privately owned automobiles, and which shall not 
        exceed, as provided in section 5704(a)(1) of this title, the 
        single standard mileage rate established by the Internal Revenue 
        Service, and
            (ii) shall prescribe mileage reimbursement rates which 
        reflect the current costs as determined by the Administrator of 
        operating privately owned airplanes and motorcycles.

        (B) At least once each year after the issuance of the 
    regulations described in subparagraph (A) of this paragraph, the 
    Administrator shall determine, based upon the results of the cost 
    investigation, specific figures, each rounded to the nearest half 
    cent, of the average, actual cost per mile during the period for the 
    use of a privately owned airplane, automobile, and motorcycle.
        (C) The Administrator shall report the specific figures to 
    Congress not later than five working days after the Administrator 
    makes the cost determination. Each such report shall be printed in 
    the Federal Register.
        (D) The mileage reimbursement rates contained in the regulations 
    prescribed under this section shall be adjusted within thirty days 
    following the submission of the report under subparagraph (C) of 
    this paragraph.

    (c) The Administrator of General Services shall periodically, but at 
least every 2 years, submit to the Director of the Office of Management 
and Budget an analysis of estimated total agency payments for such items 
as travel and transportation of people, average costs and duration of 
trips, and purposes of official travel; and of estimated total agency 
payments for employee relocation. This analysis shall be based on a 
sampling survey of agencies each of which spent more than $5,000,000 
during the previous fiscal year on travel and transportation payments, 
including payments for employee relocation. Agencies shall provide to 
the Administrator the necessary information in a format prescribed by 
the Administrator and approved by the Director.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 500; Pub. L. 94-22, Sec. 6(a), 
May 19, 1975, 89 Stat. 85; Pub. L. 99-234, title I, Sec. 104, Jan. 2, 
1986, 99 Stat. 1758; Pub. L. 101-391, Sec. 5(a)(1), Sept. 25, 1990, 104 
Stat. 750; Pub. L. 103-329, title VI, Sec. 634(b), (c), Sept. 30, 1994, 
108 Stat. 2429, 2430; Pub. L. 104-201, div. A, title XVI, 
Sec. 1614(a)(1), Sept. 23, 1996, 110 Stat. 2739; Pub. L. 104-316, title 
I, Sec. 103(e), Oct. 19, 1996, 110 Stat. 3829.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 840.                 June 9, 1949, ch.
                                                    185, Sec.  7, 63
                                                    Stat. 167.
------------------------------------------------------------------------

    The first sentence is based in part on former sections 73b-2, 836, 
and 837, which are carried into this subchapter. Application of the 
second sentence to section 5703, and the third sentence, are based on 
former section 73b-2, which is carried into section 5703.
    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

    1996--Subsec. (b)(1)(A). Pub. L. 104-316 struck out ``the 
Comptroller General of the United States,'' after ``in consultation 
with''.
    Subsec. (d). Pub. L. 104-201 struck out subsec. (d) which provided 
that agencies ensure that their approved accommodation percentages be 
not less than specified percentages for fiscal years beginning 4 and 5 
years after Sept. 25, 1990, and that their percentages be not less than 
90 percent for fiscal years beginning 6 years after Sept. 25, 1990, and 
thereafter.
    1994--Subsec. (b). Pub. L. 103-329, Sec. 634(b), amended subsec. (b) 
generally, revising and restructuring text.
    Subsec. (c). Pub. L. 103-329, Sec. 634(c), redesignated par. (1) as 
entire subsec. and struck out par. (2) which read as follows: ``The 
requirements of paragraph (1) of this subsection shall expire upon the 
Administrator's submission of the analysis that includes the fiscal year 
that ends September 30, 1991.''
    1990--Subsec. (d). Pub. L. 101-391 added subsec. (d).
    1986--Subsec. (a). Pub. L. 99-234 designated existing provisions as 
par. (1) and added par. (2).
    Subsec. (c). Pub. L. 99-234 added subsec. (c).
    1975--Pub. L. 94-22 inserted ``and reports'' in section catchline, 
designated existing provisions as subsec. (a), substituted 
``Administrator of General Services'' for ``Director of the Bureau of 
the Budget'', struck out provision for fixing, payment, advancement and 
recovery of travel allowances and expenses in accordance with the 
regulations and provision for the non-applicability of this section to 
per diem allowances under section 5703(c), and inserted provision for 
regulations for travel by employees of the judicial branch of the 
Government by the Director of the Administrative Office of the United 
States Courts, and added subsec. (b).


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-234 effective (1) on effective date of 
regulations to be promulgated not later than 150 days after Jan. 2, 
1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see 
section 301(a) of Pub. L. 99-234, set out as a note under section 5701 
of this title.


                     Regulations; Time for Issuance

    Section 6(b) of Pub. L. 94-22 provided that regulations required 
under the first sentence of subsec. (b)(2) of this section, as amended 
by subsec. (a) of section 6 of Pub. L. 94-22, were to be issued no later 
than 30 days after May 19, 1975.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in subsection 
(b)(1) of this section relating to reporting results of investigations 
to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as 
a note under section 1113 of Title 31, Money and Finance, and page 174 
of House Document No. 103-7.


                    Reports Regarding Foreign Travel

    Pub. L. 105-277, div. G, subdiv. B, title XXV, Sec. 2505, Oct. 21, 
1998, 112 Stat. 2681-837, as amended by Pub. L. 106-113, div. B, 
Sec. 1000(a)(7) [div. A, title VII, Sec. 707], Nov. 29, 1999, 113 Stat. 
1536, 1501A-461, provided that:
    ``(a) Prohibition.--Except as provided in subsection (e), none of 
the funds authorized to be appropriated for the Department of State for 
fiscal year 2000 or 2001 may be used to pay for the expenses of foreign 
travel by an officer or employee of an Executive branch agency to attend 
an international conference, or for the routine services that a United 
States diplomatic mission or consular post provides in support of 
foreign travel by such an officer or employee to attend an international 
conference, unless that officer or employee has submitted a preliminary 
report with respect to that foreign travel in accordance with subsection 
(b), and has not previously failed to submit a final report with respect 
to foreign travel to attend an international conference required by 
subsection (c).
    ``(b) Preliminary Reports.--A preliminary report referred to in 
subsection (a) is a report by an officer or employee of an Executive 
branch agency with respect to proposed foreign travel to attend an 
international conference, submitted to the Director prior to 
commencement of the travel, setting forth--
        ``(1) the name and employing agency of the officer or employee;
        ``(2) the name of the official who authorized the travel; and
        ``(3) the purpose and duration of the travel.
    ``(c) Final Reports.--A final report referred to in subsection (a) 
is a report by an officer or employee of an Executive branch agency with 
respect to foreign travel to attend an international conference, 
submitted to the Director not later than 30 days after the conclusion of 
the travel--
        ``(1) setting forth the actual duration and cost of the travel; 
    and
        ``(2) updating any other information included in the preliminary 
    report.
    ``(d) Report to Congress.--The Director shall submit a report on 
January 31 of the years 2000 and 2001 and July 31 of the years 2000 and 
2001, to the Committees on Foreign Relations and Appropriations of the 
Senate and the Committees on International Relations and Appropriations 
of the House of Representatives, setting forth with respect to each 
international conference for which reports described in subsection (c) 
were required to be submitted to the Director during the preceding six 
months--
        ``(1) the names and employing agencies of all officers and 
    employees of Executive branch agencies who attended the 
    international conference;
        ``(2) the names of all officials who authorized travel to the 
    international conference, and the total number of officers and 
    employees who were authorized to travel to the conference by each 
    such official; and
        ``(3) the total cost of travel by officers and employees of 
    Executive branch agencies to the international conference.
    ``(e) Exceptions.--This section shall not apply to travel by--
        ``(1) the President or the Vice President;
        ``(2) any officer or employee who is carrying out an 
    intelligence or intelligence-related activity, who is performing a 
    protective function, or who is engaged in a sensitive diplomatic 
    mission; or
        ``(3) any officer or employee who travels prior to January 1, 
    1999.
    ``(f) Definitions.--In this section:
        ``(1) Director.--The term `Director' means the Director of the 
    Office of International Conferences of the Department of State.
        ``(2) Executive branch agency.--The terms `Executive branch 
    agency' and `Executive branch agencies' mean--
            ``(A) an entity or entities, other than the General 
        Accounting Office, defined in section 105 of title 5, United 
        States Code; and
            ``(B) the Executive Office of the President (except as 
        provided in subsection (e)).
        ``(3) International conference.--The term `international 
    conference' means any meeting held under the auspices of an 
    international organization or foreign government, at which 
    representatives of more than two foreign governments are expected to 
    be in attendance, and to which United States Executive branch 
    agencies will send a total of ten or more representatives.
    ``(g) Report.--Not later than 180 days after the date of enactment 
of this Act [Oct. 21, 1998], and annually thereafter, the President 
shall submit to the appropriate congressional committees a report 
describing--
        ``(1) the total Federal expenditure of all official 
    international travel in each Executive branch agency during the 
    previous fiscal year; and
        ``(2) the total number of individuals in each agency who engaged 
    in such travel.''


                Reporting of Employee Relocation Expenses

    Pub. L. 105-61, title VI, Sec. 635, Oct. 10, 1997, 111 Stat. 1316, 
provided that: ``No later than 30 days after the enactment of this Act 
[Oct. 10, 1997], the Director of the Office of Management and Budget 
shall require all Federal departments and agencies to report total 
obligations for the expenses of employee relocation. All obligations 
incident to employee relocation authorized under either chapter 57 of 
title 5, United States Code, or section 901 of the Foreign Service Act 
of 1980 (22 U.S.C. 4081; Public Law 96-465), shall be included. Such 
information for the past, current, and budget years shall be included in 
the agency budget submission to the President. The Director of the 
Office of Management and Budget shall prepare a table presenting 
obligations for the expenses of employee relocation for all departments 
and agencies, and such table shall be transmitted to Congress each year 
as part of the President's annual budget.''


                     GAO Audit of Agency Compliance

    Section 5(b) of Pub. L. 101-391, which provided that not later than 
6 months after the last day of the first fiscal year during which 
lodging expenses were subject to the requirements of former subsec. (d) 
of this section, and not later than 6 months after the last day of every 
fiscal year thereafter, the Comptroller General was to conduct an audit 
of the compliance of agencies with the requirements of such subsection, 
and was to submit a report to Congress describing the results of such 
audit, was repealed by Pub. L. 104-201, div. A, title XVI, 
Sec. 1614(a)(2), Sept. 23, 1996, 110 Stat. 2739, and Pub. L. 104-316, 
title I, Sec. 103(f), Oct. 19, 1996, 110 Stat. 3829.

                  Section Referred to in Other Sections

    This section is referred to in sections 5701, 5702, 5704, 5706a, 
5706c, 5709 of this title; title 7 sections 3128, 5843; title 16 
sections 971a, 971b, 2443, 3608, 3641, 5608, 5709, 5727; title 22 
section 1474; title 24 section 416; title 28 section 456.