Last updated on September 24th, 2024 at 02:31 am
Title 41—Public Contracts and Property Management–Volume 4
Subtitle D—Federal Acquisition Supply Chain Security
CHAPTER 201—FEDERAL ACQUISITION SECURITY COUNCIL
PART 201-1—GENERAL REGULATIONS
Subpart A—General
§ 201-1.100 Scope.
(a) Applicability. Except as provided in paragraph (b) of this section, this part applies to the following:
(1) The membership and operations of the FASC, including all Federal Government and contractor personnel supporting the FASC’s operations;
(2) Submission and dissemination of supply chain risk information; and
(3) Recommendations for, issuance of, and associated procedures related to removal orders and exclusion orders.
(b) Clarification of scope. This part does not require the following:
(1) Mandatory submission of supply chain risk information by non-Federal entities; or
(2) The removal or exclusion of any covered article by non-Federal entities, except to the extent that an exclusion or removal order issued pursuant to subpart C of this part applies to prime contractors and subcontractors to Federal agencies.
§ 201-1.101 Definitions.
For the purposes of this part:
Appropriate congressional committees and leadership means:
(1) The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minority leader of the Senate; and
(2) The Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the House of Representatives.
Council or FASC means the Federal Acquisition Security Council.
Covered article means any of the following:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program or subsequent U.S. Government program for controlling sensitive unclassified information; or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered procurement means:
(1) A source selection for a covered article involving either a performance specification, as provided in subsection (a)(3)(B) of 41 U.S.C. 3306, or an evaluation factor, as provided in subsection (b)(1)(A) of 41 U.S.C. 3306, relating to a supply chain risk, or where supply chain risk considerations are included in the executive agency’s determination of whether a source is a responsible source;
(2) The consideration of proposals for and issuance of a task or delivery order for a covered article, as provided in 41 U.S.C. 4106(d)(3), where the task or delivery order contract includes a contract clause establishing a requirement relating to a supply chain risk;
(3) Any contract action involving a contract for a covered article where the contract includes a clause establishing requirements relating to a supply chain risk; or
(4) Any other procurement in a category of procurements determined appropriate by the Federal Acquisition Regulatory Council, with the advice of the FASC.
Covered procurement action means any of the following actions, if the action takes place in the course of conducting a covered procurement:
(1) The exclusion of a source that fails to meet qualification requirements established under 41 U.S.C. 3311, for the purpose of reducing supply chain risk in the acquisition or use of covered articles;
(2) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order;
(3) The determination that a source is not a responsible source, based on considerations of supply chain risk; or
(4) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor to exclude a particular source from consideration for a subcontract under the contract.
Executive agency means:
(1) An executive department specified in 5 U.S.C. 101;
(2) A military department specified in 5 U.S.C. 102;
(3) An independent establishment as defined in 5 U.S.C. 104(1); and
(4) A wholly owned Government corporation fully subject to chapter 91 of title 31, United States Code.
Exclusion order means an order issued pursuant to 41 U.S.C. 1323(c)(5) that requires the exclusion of one or more sources or covered articles from executive agency procurement actions.
Information and communications technology means:
(1) Information technology as defined in 40 U.S.C. 11101;
(2) Information systems, as defined in 44 U.S.C. 3502; and
(3) Telecommunications equipment and telecommunications services, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
Information technology has the definition provided in 40 U.S.C. 11101.
Intelligence Community includes the following:
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security;
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the Intelligence Community.
National security system has the definition provided in 44 U.S.C. 3552.
Removal order means an order issued pursuant to 41 U.S.C. 1323(c)(5) that requires the removal of one or more covered articles from executive agency information systems.
Responsible source means a responsible prospective contractor and subcontractors, at any tier, as defined in part 9 of the Federal Acquisition Regulation (48 CFR part 9).
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Supply chain risk means the risk that any person may sabotage, maliciously introduce unwanted functionality, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles so as to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted by or through covered articles.
Supply chain risk information includes, but is not limited to, information that describes or identifies:
(1) Functionality and features of covered articles, including access to data and information system privileges;
(2) The user environment where a covered article is used or installed;
(3) The ability of a source to produce and deliver covered articles as expected;
(4) Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity, legal regime of any foreign country in which a source is headquartered or conducts operations);
(5) Implications to government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article;
(6) Vulnerability of Federal systems, programs, or facilities;
(7) Market alternatives to the covered source;
(8) Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission;
(9) Likelihood of a potential impact or harm, or the exploitability of a system;
(10) Security, authenticity, and integrity of covered articles and their supply and compilation chain;
(11) Capacity to mitigate risks identified;
(12) Factors that may reflect upon the reliability of other supply chain risk information; and
(13) Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.
§ 201-1.102 Federal Acquisition Security Council (FASC).
(a) Composition. The following agencies and agency components shall be represented on the FASC:
(1) Office of Management and Budget;
(2) General Services Administration;
(3) Department of Homeland Security;
(4) Cybersecurity and Infrastructure Security Agency;
(5) Office of the Director of National Intelligence;
(6) National Counterintelligence and Security Center;
(7) Department of Justice;
(8) Federal Bureau of Investigation;
(9) Department of Defense;
(10) National Security Agency;
(11) Department of Commerce;
(12) National Institute of Standards and Technology; and
(13) Any other executive agency, or agency component, as determined by the Chairperson of the FASC.
(b) FASC information requests. The FASC may request such information from executive agencies as is necessary for the FASC to carry out its functions, including evaluation of sources and covered articles for purposes of determining whether to recommend the issuance of removal or exclusion orders, and the receiving executive agency shall provide the requested information to the fullest extent possible.
(c) Consultation and coordination with other councils. The FASC will consult and coordinate, as appropriate, with other relevant councils and interagency committees, including the Chief Information Officers Council, the Chief Acquisition Officers Council, the Federal Acquisition Regulatory Council, and the Committee on Foreign Investment in the United States, with respect to supply chain risks posed by the acquisition and use of covered articles.
(d) Program office and committees. The FASC may establish a program office and any committees, working groups, or other constituent bodies the FASC deems appropriate, in its sole and unreviewable discretion, to carry out its functions. Such a committee, working group, or other constituent body is authorized to perform any function lawfully delegated to it by the FASC.
Subpart B—Supply Chain Risk Information Sharing
§ 201-1.200 Information sharing agency (ISA).
The Act requires the FASC to identify an appropriate executive agency—the FASC’s information sharing agency (ISA)—to perform administrative information sharing functions on behalf of the FASC, as provided at 41 U.S.C. 1323(a)(3). The ISA facilitates and provides administrative support to a FASC supply chain and risk management Task Force, and serves as the liaison to the FASC on behalf of the Task Force, as the Task Force develops the processes under which the functions described in 41 U.S.C. 1323(a)(3) are implemented on behalf of the FASC. The Department of Homeland Security (DHS), acting primarily through the Cybersecurity and Infrastructure Security Agency, is named the appropriate executive agency to serve as the FASC’s ISA. The ISA’s administrative functions shall not be construed to limit or impair the authority or responsibilities of any other Federal agency with respect to information sharing.
(a) Submission of information. Information should be submitted to the FASC by sending it to the ISA, acting on behalf of the FASC.
(b) Receipt and dissemination functions. The ISA, the Task Force, and support personnel at the FASC member agencies will carry out administrative information receipt and dissemination functions on behalf of the FASC.
(c) Interagency supply chain risk management task force. The FASC may identify members for an interagency supply chain risk management (SCRM) task force (the Task Force) to assist the FASC with implementing its information sharing, analysis, and risk assessment functions as described in 41 U.S.C. 1323(a)(3). The purpose of the Task Force is to allow the FASC to capitalize on the various supply chain risk management and information sharing efforts across the Federal enterprise. This Task Force includes technical experts in SCRM and related interdisciplinary experts from agencies identified in § 201-1.102 and any other agency, or agency component, the FASC Chairperson identifies. The ISA facilitates the efforts of, and provide administrative support to, the Task Force and periodically reports to the FASC on Task Force efforts.
(d) Processes and procedures. The FASC will adopt and, as it deems necessary, revise:
(1) Processes and procedures describing how the ISA operates and supports FASC recommendations issued pursuant to 41 U.S.C. 1323(c);
(2) Processes and procedures describing how Federal and non-Federal entities must submit supply chain risk information (both mandatory and voluntary submissions of information) to the FASC, including any necessary requirements for information handling, protection, and classification;
(3) Processes and procedures describing the requirements for the dissemination of classified, controlled unclassified, or otherwise protected information submitted to the FASC by executive agencies;
(4) Processes and procedures describing how the ISA facilitates the sharing of information to support supply chain risk analyses under 41 U.S.C. 1326, recommendations issued by the FASC, and covered procurement actions under 41 U.S.C. 4713;
(5) Processes and procedures describing how the ISA will provide to the FASC and to executive agencies on behalf of the FASC information regarding covered procurement actions and any issued removal or exclusion orders; and
(6) Any other processes and procedures determined by the FASC Chairperson.
§ 201-1.201 Submitting information to the FASC.
(a) Requirements for submission of information. All submissions of information to the FASC must be accomplished through the processes and procedures approved by the FASC pursuant to § 201-1.200. Any information submission to the FASC must comply with information sharing protections described in this subpart and be consistent with applicable law and regulations.
(b) Mandatory information submission requirements. Executive agencies must expeditiously submit supply chain risk information to the ISA in accordance with guidance approved by the FASC pursuant to § 201-1.200 when:
(1) The FASC requests information relating to a particular source, covered article, or covered procurement; or
(2) An executive agency has determined there is a reasonable basis to conclude that a substantial supply chain risk exists in connection with a source or covered article. In such instances, the executive agency shall provide the FASC with relevant information concerning the source or covered article, including:
(i) Supply chain risk information identified in the course of the agency’s activities in furtherance of identifying, mitigating, or managing its supply chain risk;
(ii) Supply chain risk information regarding any covered procurement actions by the agency under 41 U.S.C. 4713; and
(iii) Supply chain risk information regarding any orders issued by the agency under 41 U.S.C. 1323.
(c) Voluntary information submission. All Federal and non-Federal entities may voluntarily submit to the FASC information relevant to SCRM, covered articles, sources, or covered procurement actions.
(d) Information protections—Federal agency submissions. To the extent that the law requires the protection of information submitted to the FASC, agencies providing such information must ensure that it bears proper markings to indicate applicable handling, dissemination, or use restrictions. Agencies shall also comply with any relevant handling, dissemination, or use requirements, including but not limited to the following:
(1) For classified information, the transmitting agency shall ensure that information is provided to designated ISA personnel who have an appropriate security clearance and a need to know the information. The ISA, Task Force, and the FASC will handle such information consistent with the applicable restrictions and the relevant processes and procedures adopted pursuant to § 201-1.200.
(2) With respect to controlled unclassified or otherwise protected unclassified information, the transmitting agency, the FASC, the ISA, and the Task Force will handle the information in a manner consistent with the markings applied to the information and the relevant processes and procedures adopted pursuant to § 201-1.200.
(e) Information protections—submissions by non-Federal entities. Information voluntarily submitted to the FASC by a non-Federal entity shall be subject to the following provisions:
(1) Supply chain risk information not otherwise publicly or commercially available that is voluntarily submitted to the FASC by non-Federal entities and marked “Confidential and Not to Be Publicly Disclosed” will not be released to the public, including pursuant to a request under 5 U.S.C. 552, except to the extent required by law.
(2) Notwithstanding paragraph (e)(1) of this section, the FASC may, to the extent permitted by law, and subject to appropriate handling and confidentiality requirements as determined by the FASC, disclose the supply chain risk information referenced in paragraph (e)(1) in the following circumstances:
(i) Pursuant to any administrative or judicial proceeding;
(ii) Pursuant to a request from any duly authorized committee or subcommittee of Congress;
(iii) Pursuant to a request from any domestic governmental entity or any foreign governmental entity of a United States ally or partner, but only to the extent necessary for national security purposes;
(iv) Where the non-Federal entity that submitted the information has consented to disclosure; or
(v) For any other purpose authorized by law.
(3) This paragraph (e) shall continue to apply to supply chain risk information referenced in paragraph (e)(1) even after the FASC issues a recommendation for exclusion or removal pursuant to 41 U.S.C. 1323.
(f) Dissemination of information by the FASC. The FASC may, in its sole discretion, disclose its recommendations and any supply chain risk information relevant to those recommendations to Federal or non-Federal entities if the FASC determines that such sharing may facilitate identification or mitigation of supply chain risk, and disclosure is consistent with the following paragraphs:
(1) The FASC may maintain its recommendations and any supply chain risk information as nonpublic, to the extent permitted by law, or release such information to impacted entities and appropriate stakeholders. The FASC shall have discretion to determine the circumstances under which information will be released, as well as the timing of any such release, the scope of the information to be released, and the recipients to whom information will be released.
(2) Any release by the FASC of recommendations or supply chain risk information will be in accordance title 41 U.S.C. 1323 and the provisions of this subpart.
(3) The FASC will not release a recommendation to a non-Federal entity, other than a source named in the recommendation, unless an exclusion or removal order has been issued based on that recommendation, and the named source has been notified.
(4) The FASC (including the ISA, Task Force, and any other FASC constituent bodies) shall comply with applicable limitations on dissemination of supply chain risk information submitted pursuant to this subpart, including but not limited to the following restrictions:
(i) Controlled Unclassified Information, such as Law Enforcement Sensitive, Proprietary, Privileged, or Personally Identifiable Information, may only be disseminated in compliance with the restrictions applicable to the information and in accordance with the FASC’s processes and procedures for disseminating controlled unclassified information as required by this part.
(ii) Classified Information may only be disseminated consistent with the restrictions applicable to the information and in accordance with the FASC’s processes and procedures for disseminating classified information as required by this part.
Subpart C—Exclusion and Removal Orders
§ 201-1.300 Evaluation of sources and covered articles.
(a) Referral procedure. The FASC may commence an evaluation of a source or covered article in any of the following ways:
(1) Upon the referral of the FASC or any member of the FASC;
(2) Upon the request, in writing, of the head of an executive agency or a designee, accompanied by a submission of relevant information; or
(3) Based on information submitted to the FASC by any Federal or non-Federal entity that the FASC deems, in its discretion, to be credible.
(b) Relevant factors. In evaluating sources and covered articles, the FASC will analyze available information and consider, as appropriate, any relevant factors contained in the following non-exclusive list:
(1) Functionality and features of the covered article, including the covered article’s or source’s access to data and information system privileges;
(2) The user environment in which the covered article is used or installed;
(3) Security, authenticity, and integrity of covered articles and associated supply and compilation chains, including for embedded, integrated, and bundled software;
(4) The ability of the source to produce and deliver covered articles as expected;
(5) Ownership of, control of, or influence over the source or covered article(s) by a foreign government or parties owned or controlled by a foreign government, or other ties between the source and a foreign government, which may include the following considerations:
(i) Whether a Federal agency has identified the country as a foreign adversary or country of special concern;
(ii) Whether the source or its component suppliers have headquarters, research, development, manufacturing, testing, packaging, distribution, or service facilities or other operations in a foreign country, including a country of special concern or a foreign adversary;
(iii) Personal and professional ties between the source—including its officers, directors or similar officials, employees, consultants, or contractors—and any foreign government; and
(iv) Laws and regulations of any foreign country in which the source has headquarters, research development, manufacturing, testing, packaging, distribution, or service facilities or other operations.
(6) Implications for government missions or assets, national security, homeland security, or critical functions associated with use of the source or covered article;
(7) Potential or existing threats to or vulnerabilities of Federal systems, programs or facilities, including the potential for exploitability;
(8) Capacity of the source or the U.S. Government to mitigate risks;
(9) Credibility of and confidence in available information used for assessment of risk associated with proceeding, with using alternatives, and/or with enacting mitigation efforts;
(10) Any transmission of information or data by a covered article to a country outside of the United States; and
(11) Any other information that would factor into an assessment of supply chain risk, including any impact to agency functions, and other information as the FASC deems appropriate.
(c) Foreign Ownership. Nothing in this section shall be construed to authorize the issuance of an exclusion or removal order based solely on the fact of the foreign ownership of a potential procurement source that is otherwise qualified to enter into procurement contracts with the Federal Government.
(d) Due Diligence. As part of the analysis performed pursuant to paragraph (b) of this section, the FASC will conduct appropriate due diligence. Such due diligence may include, but need not be limited to, the following actions:
(1) Reviewing any information the FASC considers appropriate; and
(2) Assessing the reliability of the information considered.
(e) Consultation with NIST. NIST will participate in FASC activities as a member and will advise the FASC on NIST standards and guidelines issued under 40 U.S.C. 11331.
§ 201-1.301 Recommendation.
(a) Content of recommendation. The FASC shall include the following in any recommendation for the issuance of an exclusion or removal order made to the Secretary of Homeland Security, Secretary of Defense, and/or Director of National Intelligence:
(1) Information necessary to positively identify any source or covered article recommended for exclusion or removal;
(2) Information regarding the scope and applicability of the recommended exclusion or removal order, including whether the order should apply to all executive agencies or a subset of executive agencies;
(3) A summary of the supply chain risk assessment reviewed or conducted in support of the recommended exclusion or removal order, including significant conflicting or contrary information, if any;
(4) A summary of the basis for the recommendation, including a discussion of less intrusive measures that were considered and why such measures were not reasonably available to reduce supply chain risk;
(5) A description of the actions necessary to implement the recommended exclusion or removal order; and,
(6) Where practicable, in the FASC’s sole and unreviewable discretion, a description of the mitigation steps that could be taken by the source that may result in the FASC’s rescission of the recommendation.
(b) Information sharing in the absence of a recommendation: If the FASC decides not to issue a recommendation, information received and analyzed pursuant to the procedures in this section may be shared, as appropriate, in accordance with subpart B of this part.
§ 201-1.302 Notice of recommendation to source and opportunity to respond.
(a) Notice to source. The FASC shall provide a notice of its recommendation to any source named in the recommendation.
(b) Content of notice. The notice under paragraph (a) of this section shall advise the source:
(1) That a recommendation has been made;
(2) Of the criteria the FASC relied upon and, to the extent consistent with national security and law enforcement interests, the information that forms the basis for the recommendation;
(3) That, within 30 days after receipt of the notice, the source may submit information and argument in opposition to the recommendation;
(4) Of the procedures governing the review and possible issuance of an exclusion or removal order; and
(5) Where practicable, in the FASC’s sole and unreviewable discretion, a description of the mitigation steps that could be taken by the source that may result in the FASC rescinding the recommendation.
(c) Submission of response by source and potential rescission of recommendation. Subject to any applicable procedures or processes developed by the FASC, and in accordance with any instructions provided to the source pursuant to paragraph (b) of this section, a source may submit to the ISA information or argument in opposition to a FASC recommendation. If a source submits information or argument in opposition:
(1) The ISA will convey the source’s submission to the FASC and any appropriate constituent bodies and to the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence.
(2) Upon receipt of such information or argument in opposition, the FASC may rescind the recommendation if the FASC, consistent with the sole and unreviewable discretion provided in paragraph (b)(5) of this section:
(i) Determines that the source has undertaken sufficient mitigation to reduce supply chain risk to an acceptable level; or
(ii) Decides that other grounds justify rescission.
(3) In the event that the FASC rescinds its recommendation, the ISA will communicate that decision to the source. The ISA will notify Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence of the rescission, and provide those officials with a summary of the FASC’s reasoning.
(d) Confidentiality of notice issued to source. U.S. Government personnel shall:
(1) Keep confidential and not make available outside of the executive branch, except to the extent required by law, any notice issued to a source under paragraph (a) of this section until an exclusion order or removal order is issued and the source has been notified; and
(2) Keep confidential and not make available outside of the executive branch, except to the extent required by law, any notice issued to a source under paragraph (a) of this section if the FASC rescinds the associated recommendation or the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence, as applicable, decide not to issue the recommended order.
(e) Confidentiality of information submitted by source. Information not otherwise publicly or commercially available that is submitted to the FASC by a source pursuant to paragraph (c) of this section and marked “Confidential and Not to Be Publicly Disclosed” will not be released to the public, including pursuant to a request under 5 U.S.C. 552, except to the extent required by law. That general rule notwithstanding, such information may be released as provided in § 201-1.201(d)(2).
(a) Consideration of recommendation and issuance of orders. The Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence shall each review the FASC’s recommendation, any accompanying information and materials provided pursuant to § 201-1.301, and any information submitted by a source pursuant to § 201-1.302, and determine whether to issue an exclusion or removal order based upon the recommendation.
(b) Administrative record. The administrative record for judicial review of an exclusion or removal order issued pursuant to 41 U.S.C. 1323(c)(6) shall, subject to the limitations set forth in 41 U.S.C. 1327(b)(4)(B)(ii) through (v), consist only of:
(1) The recommendation issued pursuant to 41 U.S.C. 1323(c)(2);
(2) The notice of recommendation issued pursuant to 41 U.S.C. 1323(c)(3);
(3) Any information and argument in opposition to the recommendation submitted by the source pursuant to 41 U.S.C. 1323(c)(3)(C);
(4) The exclusion or removal order issued pursuant to 41 U.S.C. 1323(c)(5), and any information or materials relied upon by the deciding official in issuing the order; and
(5) The notification to the source issued pursuant to 41 U.S.C. 1323(c)(6)(A).
(6) Other information. Other information or material collected by, shared with, or created by the FASC or its member agencies shall not be included in the administrative record unless the deciding official relied on that information or material in issuing the exclusion or removal order.
(d) Issuing officials. Exclusion or removal orders may be issued as follows:
(1) The Secretary of Homeland Security may issue removal or exclusion orders applicable to civilian agencies, to the extent not covered by paragraph (d)(2) or (3) of this section.
(2) The Secretary of Defense may issue removal or exclusion orders applicable to the Department of Defense and national security systems other than sensitive compartmented information systems.
(3) The Director of National Intelligence may issue removal or exclusion orders applicable to the Intelligence Community and sensitive compartmented information systems, to the extent not covered by paragraph (d)(2) of this section.
(4) The officials identified in paragraphs (d)(1) through (3) of this section may not delegate the authority to issue exclusion and removal orders to an official below the level one level below the Deputy Secretary or Principal Deputy Director level, except that the Secretary of Defense may delegate authority for removal orders to the Commander of U.S. Cyber Command, who may not re-delegate such authority to an official below the level of the Deputy Commander.
(e) Applicability of issued orders to non-Federal entities. An exclusion or removal order may affect non-Federal entities, including as follows:
(1) An exclusion order may require the exclusion of sources or covered articles from any executive agency procurement action, including but not limited to source selection and consent for a contractor to subcontract. To the extent required by the exclusion order, agencies shall exclude the source or covered articles, as applicable, from being supplied by any prime contractor and subcontractor at any tier.
(2) A removal order may require removal of a covered article from an executive agency information system owned and operated by an agency; from an information system operated by a contractor on behalf of an agency; and from other contractor information systems to the extent that the removal order applies to contractor equipment or systems within the scope of “information technology,” as defined in § 201-1.101.
(f) Notification of order issuance. The official who issues an exclusion or removal order:
(1) Shall, upon issuance of an exclusion or removal order pursuant to paragraph (a) of this section:
(i) Notify any source named in the order of the order’s issuance, and to the extent consistent with national security and law enforcement interests, of the information that forms the basis for the order;
(ii) Provide classified or unclassified notice of the order to the appropriate congressional committees and leadership;
(iii) Provide the order to the ISA; and
(iv) Notify the Interagency Suspension and Debarment Committee of the order.
(2) May provide a copy of the order to other persons, including through public disclosure, as the official deems appropriate and to the extent consistent with national security and law enforcement interests.
(g) Removal from Federal supply contracts. If the officials identified in paragraphs (d)(1) through (3) of this section, or their delegates, issue orders collectively resulting in a Government-wide exclusion, the Administrator for General Services and officials at other executive agencies responsible for management of the Federal Supply Schedules, Government-wide acquisition contracts, and multi-agency contracts shall facilitate implementation of such orders by removing the covered articles or sources identified in the orders from such contracts.
(h) Annual review of issued orders. The officials identified in paragraphs (d)(1) through (3) of this section shall review all issued exclusion and removal orders not less frequently than annually pursuant to procedures established by the FASC.
(i) Modification or rescission of issued orders. The officials identified in paragraphs (d)(1) through (3) of this section may modify or rescind an issued exclusion or removal order, provided that a modified order shall not apply more broadly than the order before the modification.
§ 201-1.304 Executive agency compliance with exclusion and removal orders.
(a) Agency compliance. Executive agencies shall:
(1) Comply with exclusion and removal orders issued pursuant to § 201-1.303 and applicable to their agency, as required by 41 U.S.C. 1323(c)(7) and 44 U.S.C. 3554(a)(1)(B); and
(2) Comply with handling and/or dissemination restrictions placed upon the order or its contents by the issuing official.
(b) Exceptions to issued exclusion and removal orders. An executive agency required to comply with an exclusion or removal order may submit to the issuing official a request to be excepted from the order’s provisions. The requesting agency:
(1) May ask to be excepted from some or all of the order’s requirements. The agency may ask, for example, that the order not apply to the agency, to specific actions of the agency, or to actions of the agency for a period of time before compliance with the order is practicable.
(2) Shall submit the request in writing and include in it all necessary information for the issuing official to review and evaluate it, including—
(i) Identification of the applicable exclusion order or removal order;
(ii) A description of the exception sought, including, if limited to only a portion of the order, a description of the order provisions from which an exception is sought;
(iii) The name or a description sufficient to identify the covered article or the product or service provided by a source that is subject to the order from which an exception is sought;
(iv) Compelling justification for why an exception should be granted, such as the impact of the order on the agency’s ability to fulfill its mission- critical functions, or considerations related to the national interest, including national security reviews, national security investigations, or national security agreements;
(v) Any alternative mitigations to be undertaken to reduce the risks addressed by the exclusion or removal order; and
(vi) Any other information requested by the issuing official.
Subtitle E [Reserved]
Subtitle F—Federal Travel Regulation System
CHAPTER 300—GENERAL
SUBCHAPTER A—INTRODUCTION
PART 300-1—THE FEDERAL TRAVEL REGULATION (FTR)
§ 300-1.1 What is the FTR?
The FTR is the regulation contained in 41 Code of Federal Regulations (CFR), Chapters 300 through 304, which implements statutory requirements and Executive branch policies for travel by Federal civilian employees and others authorized to travel at Government expense.
§ 300-1.2 What is the purpose of the FTR?
There are two principal purposes:
(a) To interpret statutory and other policy requirements in a manner that balances the need to assure that official travel is conducted in a responsible manner with the need to minimize administrative costs;
(b) To communicate the resulting policies in a clear manner to Federal agencies and employees.
PART 300-2—HOW TO USE THE FTR
Subpart A—General
§ 300-2.1 What formats exist in the FTR?
The FTR is written in two formats—the question & answer format and the title and narrative format.
Subpart B—Question & Answer Format
§ 300-2.20 What is the purpose of the question & answer format?
The Q&A format is an effective way to engage the reader and to break the information into manageable pieces.
§ 300-2.21 How is the rule expressed in the question and answer format?
The rule is expressed in both the question and answer.
§ 300-2.22 Who is subject to the FTR?
Employees and agencies. Since the user may be an employee or an agency, portions of the FTR have been separated into employee and agency sections. However, while the employee provisions are addressed to the employee, the rules expressed in those provisions apply to the agency as well. The following lists the relevant employee and agency sections of the FTR:
| For | The employee provisions contained in | And the agency provisions are contained in |
|---|---|---|
| Chapter 301 | Subchapters A, B, and C | Subchapter D. |
| Chapter 302 | Subchapters A, B, C, D, E, and F | Subchapters A, B, C, D, E, and F. |
| Chapter 303 | N/A | Part 303-70. |
| Chapter 304 | Subchapter A | Subchapters B and C. |
§ 300-2.23 How is the user addressed in the FTR?
The FTR asks questions in the first person, as the user would. It then answers the questions in the second and third person. In the employee sections, the employee is addressed in the singular, and in the agency sections, the agency is addressed in the plural. The following describes how employee and agency are addressed in both sections:
| When you are in the | And you are looking at a | The employee is referred to using | And the agency is referred to using |
|---|---|---|---|
| Employee section | Question Answer | I, me, or my You or your | Agency. Agency. |
| Agency section | Question Answer | Employee Employee | We, us, or our. You or your. |
Subpart C—Title and Narrative Format
§ 300-2.70 How is the rule expressed in the title and narrative format?
The rule is in the narrative. The title serves only as a tool to determine the subject of the rule.
PART 300-3—GLOSSARY OF TERMS
§ 300-3.1 What do the following terms mean?
Accompanied baggage—Government property and personal property of the traveler necessary for official travel.
Actual expense—Payment of authorized actual expenses incurred, up to the limit prescribed by the Administrator of GSA or agency, as appropriate. Entitlement to reimbursement is contingent upon entitlement to per diem, and is subject to the same definitions and rules governing per diem.
Agency—For purposes of chapter 302 agency means:
(1) An executive agency as defined in Title 5 U.S.C. 105 (an executive department, an independent establishment, the Government Accountability Office, or a wholly owned Government corporation as defined in section 101 of the Government Corporation Control Act, as amended (31 U.S.C. 9101), but excluding a Government controlled corporation);
(2) A military department;
(3) A court of the United States;
(4) The Administrative Office of the United States Courts;
(5) The Federal Judicial Center;
(6) The Library of Congress;
(7) The United States Botanic Garden;
(8) The Government Printing Office; and
(9) The District of Columbia.
Aircraft management office—An agency component that has management control of Federal aircraft used by the agency or of aircraft hired as commercial aviation services (CAS).
Amended value sale—Type of home sale transaction that occurs when the relocating employee receives a bona fide offer from a qualified buyer before the employee has accepted an appraised value offer from the relocation services company (RSC). The RSC amends its offer to match the outside sale price. An amended value sale is different from an amended from zero sale because an amended value sale occurs after an appraised value offer while an amended from zero sale occurs before an appraised value offer.
Appraised value sale—Type of home sale transaction that occurs when the relocating employee accepts the offer from the RSC to buy the employee’s home based upon the average of a specific number of appraisals conducted by designated certified appraisers.
Approved accommodation—Any place of public lodging that is listed on the national master list of approved accommodations. The national master list of all approved accommodations is compiled, periodically updated, and published in the
Automated-Teller-Machine (ATM) services—Government contractor-provided ATM services that allow cash withdrawals from participating ATMs to be charged to a Government contractor-issued charge card.
Buyer value option (BVO)—Type of home sale program with procedures the same as the amended value program, except that the RSC does not initially appraise the employee’s home or make a guaranteed buy-out offer. The buy-out offer from the contractor is based on a bona fide offer received by the employee from a qualified buyer after marketing by the employee. Once a bona fide offer is received by the employee, the contractor offers to buy the home from the employee at a price based on the outside sale price.
Coach class—The class of accommodation that is normally the lowest class of fare offered by common carriers regardless of terminology used. For reference purposes only, coach class may also be referred to as tourist class, economy class, steerage, or standard class.
Coach class seating upgrade programs—Under commercial air transportation seating upgrade programs, a passenger may obtain a preferable seat choice or increased amenities or services within the coach class seating area. These upgraded choices are generally available for a fee, as a program membership benefit (such as frequent flyer) or at an airport kiosk or gate. Coach class seating upgrade options are not considered a new or higher class of accommodation from coach as the seat is lower than other than coach class accommodations in terms of cost and amenities (e.g., seating girth and pitch, priority boarding, luggage allowance, expedited food/drink service).
Commercial Aviation Services (CAS)—Commercial aviation services (CAS) include, for the exclusive use of an executive agency—
(1) Leased aircraft;
(2) Chartered or rented aircraft;
(3) Commercial contracts for full aviation services (i.e., aircraft plus related aviation services) or acquisition of full services through inter-service support agreements (ISSA) with other agencies; or
(4) Related services (i.e., services but not aircraft) obtained by commercial contract or ISSA, except those services acquired to support Federal aircraft.
Common carrier—Private sector supplier of air, rail, bus, ship, or other transit system.
Commuted rate—A price rate used to calculate a set amount to be paid to an employee for the transportation and temporary storage of their household goods. It includes cost of line-haul transportation, packing/unpacking, crating/uncrating, drayage incident to transportation and other accessorial charges and costs of temporary storage within applicable weight limit for storage including handling in/out charges and necessary drayage.
Conference—A meeting, retreat, seminar, symposium or event that involves attendee travel. The term “conference” also applies to training activities that are considered to be conferences under 5 CFR 410.404.
Continental United States (CONUS)—The 48 contiguous States and the District of Columbia.
Contract carriers—U.S. certificated air carriers which are under contract with the government to furnish Federal employees and other persons authorized to travel at Government expense with passenger transportation service. This also includes GSA’s scheduled airline passenger service between selected U.S. cities/airports and between selected U.S. and international cities/airports at reduced fares.
Contract City Pair Program—A mandatory use (see § 301-10.110 for required users) Government program that provides commercially available scheduled air passenger transportation services to persons authorized to travel directly at the Government’s expense. The City Pair Program offers negotiated firm-fixed-price fares on one-way routes between airports that apply in either direction of travel. Fares may be issued using one of the following fare types, or others that the contract City Pair Program may solicit:
(1) Capacity-controlled coach class contract fare (_CA)—A contract City Pair Program coach class fare that is less expensive than the unrestricted contract City Pair Program coach class fare (YCA), but has limited inventory availability, meaning, once the flight reaches a certain capacity, _CA fares may no longer be available for booking. Unlike YCA fares, _CA fares are restricted by the availability of seats. Accordingly, early booking may increase the likelihood of booking a _CA fare. The first character of the three-character fare basis code varies by airline.
(2) Unrestricted coach class contract fare (YCA)—A contract City Pair Program coach class fare that is more expensive than a _CA fare, but offers last seat (inventory) availability (unless a flight is already sold out), meaning, as long as coach class inventory is available to sell on the flight, the Government traveler can purchase it.
(3) Contract business fare (_CB)—Contract fare offered by carriers in some domestic and international line item markets for business class service. The first character of the three-character fare basis code varies by airline.
Crewmember—A person assigned to operate or assist in operating an aircraft. Performs duties directly related to the operation of the aircraft (e.g., as pilots, co-pilots, flight engineers, navigators) or duties assisting in operation of the aircraft (e.g., as flight directors, crew chiefs, electronics technicians, mechanics). If a crewmember is onboard for the purpose of travel, (i.e., being transported from point to point) that crewmember must be authorized to travel in accordance with rules in 41 CFR 301-10.260 through 301-10.266 and 41 CFR 301-70.800 through 301-70.903.
Dependent—An immediate family member of the employee.
Domestic partner—An adult in a domestic partnership with an employee of the same-sex.
Domestic partnership—A committed relationship between two adults of the same sex, in which they—
(1) Are each other’s sole domestic partner and intend to remain so indefinitely;
(2) Maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);
(3) Are at least 18 years of age and mentally competent to consent to contract;
(4) Share responsibility for a significant measure of each other’s financial obligations;
(5) Are not married or joined in a civil union to anyone else;
(6) Are not a domestic partner of anyone else;
(7) Are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the domestic partnership was formed;
(8) Are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. 1001, and that the method for securing such certification, if required, shall be determined by the agency;
(9) Are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership; and
(10) Certify that they would marry but for the failure of their state or other jurisdiction (or foreign country) of residence to permit same-sex marriage.
The definition of “Domestic partnership” requires that the partners “share responsibility for a significant measure of each other’s financial obligations.” This criterion requires only that there be financial interdependence between the partners and should not be interpreted to exclude partnerships in which one partner stays at home while the other is the primary breadwinner.
E-Gov Travel Service (ETS)—The Government-contracted, end-to-end travel management service that automates and consolidates the Federal travel process in a self-service Web-centric environment, covering all aspects of official travel, including travel planning, authorization, reservations, ticketing, expense reimbursement, and travel management reporting. The eTS provides the services of a Federal travel management program as specified in § 301-73.1(a), (b), and (e) of this title.
Employee with a disability (also see Special Needs)—
(a) An employee who has a disability as defined in paragraph (b) of this definition and is otherwise generally covered under the Rehabilitation Act of 1973, as amended (29 U.S.C. 701-797b).
(b) “Disability,” with respect to an employee, means:
(1) Having a physical or mental impairment that substantially limits one or more major life activities;
(2) Having a record of such an impairment;
(3) Being regarded as having such an impairment; but
(4) Does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
(c) “Physical or mental impairment” means:
(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organ, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or
(2) Any mental or psychological disorder (e.g., mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities).
(3) The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and orthopedic, visual, speech and hearing impairments.
(d) “Major life activities” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(e) “Has a record of such an impairment” means the employee has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.
(f) “Is regarded as having such an impairment” means the employee has:
(1) A physical or mental impairment that does not substantially limit major life activities but the impairment is treated by the agency as constituting such a limitation;
(2) A physical or mental impairment that substantially limits major life activities as a result of the attitudes of others toward such an impairment; or
(3) None of the impairments defined under “physical or mental impairment”, but is treated by the employing agency as having a substantially limiting impairment.
Executive agency—An entity of the executive branch that is an “executive agency” as defined in section 105 of title 5 U.S.C.
Extended storage—Storage of household goods while an employee is assigned to an official station or post of duty to which the employee is not authorized to take or unable to use the household goods or is authorized in the public interest. Also referred to as nontemporary storage.
Extra-fare train—A train that operates at an increased fare due to the extra performance of the train, i.e., faster speed or fewer stops, or both.
Family (see Immediate family)
Federal traveler—For the purposes of 41 CFR 301-10.260-266 and 301-70.800-910, a person who travels on a Government aircraft and who is either—
(1) A civilian employee in the Government service;
(2) A member of the uniformed or foreign services of the United States Government; or
(3) A contractor working under a contract with an executive agency.
Foreign air carrier—An air carrier who is not holding a certificate issued by the United States under 49 U.S.C. 41102.
Fuel—The energy source needed to power a vehicle. Examples include, but are not limited to, petroleum, hydrogen, propane, and electricity.
Full coach fare—The price of a coach fare available to the general public on a scheduled air carrier between the day that the travel was planned and the day the travel occurred.
Furnished meal—A meal provided to an employee, either directly from the Government or as a result of the Government paying a registration fee or other cost which allows the employee to attend a conference or other event. If the Government has already paid for a meal, the employee must deduct the allocated amount when filing their travel voucher.
Government aircraft—An aircraft that is operated for the exclusive use of an executive agency and is a—
(a) Federal aircraft, which an executive agency owns (i.e., holds title to) or borrows for any length of time under a bailment or equivalent loan agreement. See 41 CFR 102-33.20 for definition of all terms related to Federal aircraft, or
(b) Commercial aircraft hired as commercial aviation services (CAS), which an executive agency—
(1) Leases or lease-purchases with the intent to take title,
(2) Charters or rents, or
(3) Hires as part of a full-service contract or inter-service support agreement (ISSA).
Government contractor-issued individually billed charge card—A Government contractor-issued charge card used by authorized individuals to pay for official travel and transportation related expenses for which the contractor bills the employee.
Government-furnished automobile—An automobile (or “light truck,” as defined in 41 CFR 101-38 including vans and pickup trucks) that is:
(a) Owned by an agency,
(b) Assigned or dispatched to an agency from GSA Fleet, or
(c) Leased by the Government for a period of 120 days or longer from a commercial source.
Government-furnished vehicle—A Government-furnished automobile or a Government aircraft.
Government Transportation Request (GTR) (Standard Form 1169)—A Government document used to procure common carrier transportation services. The document obligates the Government to pay for transportation services provided.
Household Goods (HHG)—Property, unless specifically excluded, associated with the home and all personal effects belonging to an employee and immediate family members on the effective date of the employee’s change of official station orders (the day the employee reports for duty at the new official station) that legally may be accepted and transported by a commercial HHG carrier.
(1) HHG also includes:
(i) Professional Books, papers and equipment (PBP&E);
(ii) Spare parts of a POV (see definition of POV) and a pickup truck tailgate when removed;
(iii) Integral or attached vehicle parts that must be removed due to high vulnerability to pilferage or damage, (e.g., seats, tops, wench, spare tire, portable auxiliary gasoline can(s) and miscellaneous associated hardware);
(iv) Consumable goods for employees assigned to locations where the Department of State has determined that such goods are necessary;
(v) Vehicles other than POVs (such as motorcycles, mopeds, jet skies, snowmobiles, golf carts, boats (e.g., boat, sailboat, canoe, skiff, rowboat, dinghies, sculls and kayak, mounted or unmounted on trailers)) of reasonable size.
(vi) Ultralight Vehicles (defined in 14 CFR part 103 as being single occupant, for recreation or sport purposes, weighing less than 155 pounds if unpowered or less than 254 pounds if powered, having a fuel capacity NTE 5 gallons, airspeed NTE 55 knots, and power-off stall speed NTE 24 knots).
(vii) Unaccompanied Air Baggage (UAB)—Unaccompanied air baggage includes personal items and equipment (e.g., pots, pans, light housekeeping items, collapsible items such as cribs, playpens, and baby carriages, and other articles required for the care of the family) that may be shipped by air in accordance with Chapter 302 of this Subtitle. Household items (i.e., refrigerators, washing machines, and other major appliances or furniture) are not eligible as UAB.
(2) HHG does not include:
(i) Personal baggage when carried free on tickets;
(ii) Automobiles, trucks, vans and similar motor vehicles, mobile homes, camper trailers, and farming vehicles;
(iii) Live animals including birds, fish, reptiles;
(iv) Cordwood and building materials;
(v) HHG for resale, disposal or commercial use rather than for use by employee and immediate family members;
(vi) Privately owned live ammunition; and
(vii) Propane gas tanks.
(3) Federal, State and local laws or carrier regulations may prohibit commercial shipment of certain articles not included in paragraph (2) of this definition. These articles frequently include:
(i) Property liable to impregnate or otherwise damage equipment or other property (e.g., hazardous articles including explosives, flammable and corrosive material, poisons);
(ii) Articles that cannot be taken from the premises without damage to the article or premises;
(iii) Perishable articles (including frozen foods) articles requiring refrigeration, or perishable plants unless;
(a) Shipment is to be transported not more than 150 miles and/or delivery accomplished within 24 hours from the time of loading,
(b) No storage is required, and
(c) No preliminary or en route services (e.g., watering or other preservative method) is required of the carrier.
Household Goods-weight additive—A weight, per linear foot of a specific item, added to the net weight of the household goods shipment to compensate for the excessive van space used by the item. The item must be stated in the Household Goods tariff as qualifying for a weight additive before a charge can be assessed. Weight additives do not apply if an article is capable of being conveniently hand-carried by one person and/or transported in a standard moving carton.
Immediate family—Any of the following named members of the employee’s household at the time the employee reports for duty at the new permanent duty station or performs other authorized travel involving family members:
(1) Spouse;
(2) Domestic partner;
(3) Children of the employee, of the employee’s spouse, or of the employee’s domestic partner, who are unmarried and under 21 years of age or who, regardless of age, are physically or mentally incapable of self-support. (The term “children” shall include natural offspring; stepchildren; adopted children; grandchildren, legal minor wards or other dependent children who are under legal guardianship of the employee, of the employee’s spouse, or of the domestic partner; and an unborn child(ren) born and moved after the employee’s effective date of transfer.);
(4) Dependent parents (including step and legally adoptive parents) of the employee, of the employee’s spouse, or of the employee’s domestic partner; and
(5) Dependent siblings (including step and legally adoptive siblings) of the employee, of the employee’s spouse, or of the employee’s domestic partner, who are unmarried and under 21 years of age or who, regardless of age, are physically or mentally incapable of self-support.
Innovative mobility technology company—An organization, including a corporation, limited liability company, partnership, sole proprietorship, or any other entity, that applies technology to expand and enhance available transportation choices, better manages demand for transportation services, or provides alternatives to driving alone.
Certain jurisdictions may have limits or prohibit the operation or use of innovative mobility technology companies. Federal employees are expected to follow all laws, including those related to innovative mobility technology companies, as well as choose the most cost effective level of service.
Interviewee—An individual who is being considered for employment by an agency. The individual may currently be a Government employee.
Invitational travel—Authorized travel of individuals either not employed or employed (under 5 U.S.C. 5703) intermittently in the Government service as consultants or experts and paid on a daily when-actually-employed basis and for individuals serving without pay or at $1 a year when they are acting in a capacity that is directly related to, or in connection with, official activities of the Government. Travel allowances authorized for such persons are the same as those normally authorized for employees in connection with TDY.
Lodgings-plus per diem system—The method of computing per diem allowances for official travel in which the per diem allowance for each travel day is established on the basis of the actual amount the traveler pays for lodging, plus an allowance for meals and incidental expenses (M&IE), the total of which does not exceed the applicable maximum per diem rate for the location concerned.
Mandatory mobility agreement—Agreement requiring employee relocation to enhance career development and progression and/or achieve mission effectiveness.
Marriage—A legal union between individuals that was entered into in a state or other jurisdiction (or foreign country) whose laws authorize the marriage, even if the married couple is domiciled in a state or other jurisdiction (or foreign country) that does not recognize the validity of the marriage. The term also includes common law marriage in a state or other jurisdiction (or foreign country) where such marriages are recognized, so long as they are proven according to the applicable state, other jurisdiction, or foreign laws. The term marriage does not include registered domestic partnerships, civil unions, or other similar formal relationships recognized under state or other jurisdiction (or foreign country) law that are not denominated as a marriage under that state’s or other jurisdiction (or foreign country’s) law.
Mobile home—Any type of house trailer or mobile dwelling constructed for use as a residence and designed to be moved overland, either by self-propulsion or towing. Also, a boat (houseboat, yacht, sailboat, etc.) when used as the employee’s primary residence.
Non-Federal traveler—For the purposes of 41 CFR 301-10.260 through 301-10.266 and 41 CFR 301-70.800 through 301-70.910, an individual who travels on a Government aircraft, but is not a Federal traveler. Dependents and other family members of Federal travelers who travel on Government aircraft are considered to be non-Federal travelers within this regulation.
Official station—An area defined by the agency that includes the location where the employee regularly performs their duties or an invitational traveler’s home or regular place of business (see § 301-1.2). The area may be a mileage radius around a particular point, a geographic boundary, or any other definite domain, provided no part of the area is more than 50 miles from where the employee regularly performs their duties or from an invitational traveler’s home or regular place of business. If the employee’s work involves recurring travel or varies on a recurring basis, the location where the work activities of the employee’s position of record are based is considered the regular place of work.
Official travel—Travel under an official travel authorization from an employee’s official station or other authorized point of departure to a temporary duty location and return from a temporary duty location, between two temporary duty locations, or relocation at the direction of a Federal agency.
Other than coach class—Any class of accommodations above coach class.
(1) First class. The highest class of accommodation offered by a common carrier in terms of cost and amenities.
(2) Business class. A class of accommodation offered by a common carrier that is lower than first class but higher than coach and premium economy, in cost and amenities.
(3) Premium economy class. A class of airline accommodation that is lower than both first class and business class, but higher than coach class in terms of cost and amenities. Airlines are constantly updating their offerings; however, for the purposes of this regulation, premium economy class is considered a separate, higher class of accommodation from coach class and is not considered a coach class seating upgrade.
Outside the Continental United States (OCONUS)—Any area beyond the 48 contiguous States and the District of Columbia, i.e., CONUS. OCONUS is further divided into foreign areas and non-foreign areas:
(1) Foreign area—Any area situated beyond both the CONUS and the non-foreign areas.
(2) Non-foreign area—The states of Alaska and Hawaii, the Commonwealths of Puerto Rico and the Northern Mariana Islands, Guam, the U.S. Virgin Islands, and the territories and possessions of the United States.
Passenger—In relation to use of Government aircraft, a passenger is any person who flies onboard a Government aircraft, but who is not a crewmember or qualified non-crewmember.
Per diem allowance—The per diem allowance (also referred to as subsistence allowance) is a daily payment instead of reimbursement for actual expenses for lodging (excluding taxes), meals, and related incidental expenses. The per diem allowance is separate from transportation expenses and other miscellaneous expenses. The per diem allowance covers all charges and services, including any service charges where applicable. Lodging taxes in the United States are excluded from the per diem allowance and are reimbursed as a miscellaneous expense. In foreign locations, lodging taxes are part of the per diem allowance and are not a miscellaneous expense. The per diem allowance covers the following:
(a) Lodging. Includes expenses, except lodging taxes in the United States, for overnight sleeping facilities, baths, personal use of the room during daytime, telephone access fee, and service charges for fans, air conditioners, heaters and fires furnished in the room when such charges are not included in the room rate.
(b) Meals. Expenses for breakfast, lunch, dinner and related tips and taxes (specifically excluded are alcoholic beverage and entertainment expenses, and any expenses incurred for other persons).
(c) Incidental expenses. Fees and tips given to porters, baggage carriers, hotel staff, and staff on ships.
For the purposes of chapter 302 of this subtitle, laundry/dry cleaning expenses are part of the incidental expenses portion of the per diem allowance for temporary quarters subsistence expenses (TQSE) and temporary quarters (TQ) lodging taxes are separately reimbursable TQSE miscellaneous expenses (see § 302-6.28 and part 302-16 of this subtitle).
Place of public accommodation—Any inn, hotel, or other establishment within a State that provides lodging to transient guests, excluding:
(a) An establishment owned by the Federal Government;
(b) An establishment treated as an apartment building by State or local law or regulation; or
(c) An establishment containing not more than 5 rooms for rent or hire that is also occupied as a residence by the proprietor of that establishment.
Post of duty—An official station outside CONUS.
Presidentially-Declared Disaster—A major disaster or emergency declared by the President of the United States pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et seq.).
Privately owned aircraft—An aircraft that is owned or leased by an employee for personal use. It is not owned, leased, chartered, or rented by a Government agency, nor is it rented or leased by an employee for use in carrying out official Government business.
Privately owned automobile—A car or light truck, including a van or a pickup truck, that is owned or leased for personal use by an individual, but not necessarily the traveler.
Privately Owned Vehicle (POV)—Any vehicle such as an automobile, motorcycle, aircraft, or boat operated by an individual that is not owned or leased by a Government agency, and is not commercially leased or rented by an employee under a Government rental agreement for use in connection with official Government business.
Professional Books, Papers and Equipment (PBP&E)—Includes, but is not limited to, the following items in the employee’s possession when needed by the employee in the performance of the employee’s official duties:
(1) Reference material;
(2) Instruments, tools, and equipment peculiar to technicians, mechanics and members of the professions;
(3) Specialized clothing (e.g., diving suits, flying suits, helmets, band uniforms, religious vestments and other special apparel); and
(4) Communications equipment used by the employee in association with DoDI 4650.02, Military Auxiliary Radio System (MARS).
Qualified non-crewmember—A person flying onboard a Government aircraft whose skills or expertise are required to perform or are associated with performing the non-travel related Governmental function for which the aircraft is being operated (qualified non-crewmembers may be researchers, law enforcement agents, firefighters, agricultural engineers, biologists, etc.). If a qualified non-crewmember is onboard for the purpose of travel (i.e., being transported from point to point) in addition to performing their duties related to the non-travel related Governmental function for which the aircraft is being operated (e.g., when a scientist conducts an experiment at the same time they are also on the aircraft for the purpose of traveling from point to point), they must be authorized to travel in accordance with rules in 41 CFR parts 301-10 and 301-70.
Reduced per diem—Your agency may authorize a reduced per diem rate when there are known reductions in lodging and meal costs or when your subsistence costs can be determined in advance and are lower than the prescribed per diem rate.
Relocation services company (RSC)—A third-party supplier under contract with an agency to assist an eligible individual who relocates. Services may include: Homesale programs, home inspection, home marketing assistance, home finding assistance, property management services, shipment and storage of household goods, voucher review and payment, relocation counseling, and similar items.
Required use travel—Travel by Federal travelers that requires use of a Government aircraft to meet bona fide communications needs (e.g., 24-hour secure communications), security requirements (e.g., highly unusual circumstances that present a clear and present danger), or exceptional scheduling requirements (e.g., a national emergency or other compelling operational considerations) of an executive agency. Required use travel must be approved according to § 301-10.262(a) and § 301-70.803(a) of this title.
Scheduled flight time—The flight time between the originating departure point and the ultimate arrival point, as scheduled by the airline, including scheduled non-overnight time spent at airports during plane changes. Scheduled non-overnight time does not include time spent at the originating or ultimate arrival airports.
Senior Federal official—An individual who is paid according to the Executive Schedule established by 5 U.S.C. 53, Subchapter II, including Presidential appointees who are confirmed by the Senate; employed in the U.S. Government’s Senior Executive Service or an equivalent “senior” service; who is a civilian employee of the Executive Office of the President; who is appointed by the President to a position under section 105(a)(2)(A), (B), or (C) of title 3 U.S.C. or by the Vice President to a position under section 106(a)(1)(A), (B), or (C) of title 3 U.S.C; or who is a contractor working under a contract with an executive agency, is paid at a rate equal to or more than the minimum rate for the Senior Executive Service, and has senior executive responsibilities. The term senior Federal official, as used in the Federal Travel Regulation does not mean an active duty military officer.
Space available travel—Travel in space available on a Government aircraft that is already scheduled for an official purpose.
Special conveyance—Commercially rented or hired vehicles other than a privately owned vehicle and other than those owned or under contract to an agency.
Special needs (also see Employee with a disability)—Physical characteristics of a traveler not necessarily defined under disability. Such physical characteristics could include, but are not limited to, the weight or height of the traveler.
Spouse—Any individual who is lawfully married (unless legally separated), including an individual married to a person of the same sex who was legally married in a state or other jurisdiction (including a foreign county), that recognizes such marriages, regardless of whether or not the individual’s state of residency recognizes such marriages. The term “spouse” does not include individuals in a formal relationship recognized by a state, which is other than lawful marriage; it also does not include individuals in a marriage in a jurisdiction outside the United States that is not recognized as a lawful marriage under United States law.
Subsistence expenses—Expenses such as:
(a) Lodging and service charges;
(b) Meals, including taxes and tips; and
(c) Incidental expenses (see incidental expenses under the definition of per diem allowance).
Taxi—A hired car that carries passengers to a destination for a fare based upon the distance traveled, time spent in the vehicle, other metric, or a flat rate to and from one point to another (e.g., a flat rate from downtown to a common carrier terminal).
Temporary duty (TDY) location—A place, away from an employee’s official station, where the employee is authorized to travel.
Temporary storage—Storage of HHG for a limited period of time at origin, destination or en route in connection with transportation to, from, or between official station or post of duty or authorized alternate points. Also referred to as storage-in-transit (SIT).
Transit system—A form of transportation (e.g., air, rail, bus, ship, etc.) used between authorized locations in the performance of official travel.
Transportation network company (TNC)—A corporation, partnership, sole proprietorship, or other entity, that uses a digital network to connect riders to drivers affiliated with the entity in order for the driver to transport the rider using a vehicle owned, leased, or otherwise authorized for use by the driver to a point chosen by the rider; and does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver.
Travel advance—Prepayment of estimated travel expenses paid to an employee.
Travel authorization (Orders)—Written permission to travel on official business. There are three basic types of travel authorizations (orders):
(a) Unlimited open. An authorization allowing an employee to travel for any official purpose without further authorization.
(b) Limited open. An authorization allowing an employee to travel on official business without further authorization under certain specific conditions, i.e., travel to specific geographic area(s) for specific purpose(s), subject to trip cost ceilings, or for specific periods of time.
(c) Trip-by-trip. An authorization allowing an individual or group of individuals to take one or more specific official business trips, which must include specific purpose, itinerary, and estimated costs.
Travel claim (Voucher)—A written request, supported by documentation and receipts where applicable, for reimbursement of expenses incurred in the performance of official travel, including permanent change of station (PCS) travel.
Travel Management Service (TMS)—A service for booking common carrier (e.g., air, rail, and bus confirmations and seat assignments), lodging accommodations, and car rental services; fulfilling (i.e. ticketing) reservations; providing basic management information on those activities; and meeting other requirements as specified in § 301-73.106 of this title. A TMS may include a travel management center (TMC), Commercial Ticket Office (CTO), an electronically available system, other commercial methods of arranging travel, or an in-house system.
United States—The 48 contiguous States, the District of Columbia and the States and areas defined under the term “Non-Foreign Area.”
Usually traveled route—The most direct route between the employee’s official station (or invitational traveler’s home) and the temporary duty location, as defined by maps or consistent with established scheduled services of contract or common carriers.
SUBCHAPTER B—AGENCY REQUIREMENTS
PART 300-70—AGENCY REPORTING REQUIREMENTS
Subpart A—Requirement To Report Agency Payments for Employee Travel, Transportation, and Relocation
§ 300-70.1 What are the requirements for reporting payments for employee travel, transportation, and relocation?
Agencies (as defined in § 301-1.1 of this subtitle) must report total travel and transportation payments, including relocation, no later than November 30 of each year to GSA, as described in this part:
(a) Specific information on reporting payments for temporary duty travel are in this subpart.
(b) Specific information on reporting payments for employee relocation are in part 302-1 of this subtitle.
§ 300-70.2 What information must we report?
Information on agency reporting requirements is available at https://www.gsa.gov/trip.
§ 300-70.3 When must we report pertinent travel, transportation, and relocation data?
All travel, transportation, and relocation data are due by the date prescribed in § 300-70.1. The head of your agency is responsible for ensuring this data is complete and accurate before submitting it to GSA.
§ 300-70.4 Must we report travel, transportation, and relocation data if we have major suborganizations?
Your report must cover all components of your agency.
Subpart B—Requirement to Report Use of First Class and Business Class Transportation Accommodations
§ 300-70.100 Who must report the use of first class and business class transportation accommodations?
An agency as defined in § 301-1.1 of this subtitle.
§ 300-70.101 What information must we report on the use of first class and business class transportation accommodations?
GSA issues FTR bulletins that inform you of the required information and reporting format(s) for each trip where you paid for at least one segment of first class or business class transportation accommodations that were more expensive than coach class accommodations for the same itinerary. FTR bulletins are updated as necessary and available at https://www.gsa.gov/ftrbulletins.
§ 300-70.102 When must we report on the use of first class and business class transportation accommodations?
You must report to the U.S. General Services Administration, Office of Government-wide Policy no later than December 31 of each year. The reporting period is October 1 through September 30. Negative submissions, i.e., no data to report, are required for Chief Financial Officers (CFO) Act agencies and agencies that reported the use of first class or business class transportation accommodations for the previous reporting cycle. All other agencies may provide a negative report, as relevant.
§ 300-70.103 Are there any exceptions to the first class and business class reporting requirement?
Yes. You must not report data that is protected from public disclosure by statute or Executive Order, such as classified data or data otherwise withheld from the public in response to written requests under the Freedom of Information Act (5 U.S.C. 552). In these cases, you are required to report the following aggregate information:
(a) Aggregate number of authorized first class and business class trips that are protected from disclosure;
(b) Total cost of actual first class and business class fares paid that exceeded the coach class fare; and
(c) Total cost of coach class fares that would have been paid for the same travel.
If the aggregate information is also protected from public disclosure then a negative report must be submitted to GSA.
Subpart C [Reserved]
PART 300-80—RELOCATION EXPENSES TEST PROGRAMS
§ 300-80.1 What is a relocation expenses test program?
It is a program to permit agencies to test new and innovative methods of reimbursing relocation expenses without seeking a waiver of current rules or authorizing legislation.
The Administrator of General Services may authorize an agency to conduct tests when the Administrator determines such tests to be in the interest of the Government.
The head of the agency or designee must design the test program to enhance cost savings or other efficiencies to the Government and submit in writing to the Administrator of General Services, Office of Government-wide Policy, 1800 F Street, NW, Washington, DC 20405:
(a) An explanation of the test program;
(b) If applicable, the specific provisions of the FTR from which the agency is deviating;
(c) An analysis of the expected costs and benefits; and
(d) A set of criteria for evaluating the effectiveness of the program.
No more than 12 relocation expense test programs may be conducted at the same time.
§ 300-80.5 What factors will GSA consider in approving a request for a relocation expenses test program?
The following factors will be considered:
(a) Potential savings to the Government.
(b) Application of results to other agencies.
(c) Feasibility of successful implementation.
(d) Number of tests, if any, already authorized to the same activity.
(e) Whether the request meets the requirements of § 300-80.3.
(f) Other agency requests under consideration at the time of submission.
(g) Uniqueness of proposed test.
§ 300-80.6 What limits are there to test programs?
When authorized by the Administrator of General Services, the agency may pay any necessary relocation expenses in lieu of payments authorized or required under 5 U.S.C. chapter 57, subchapter II.
§ 300-80.7 How long is the duration of test programs?
The duration of a test program is up to four years from the date of authorization unless terminated prior to that time by the Administrator of General Services. The agency conducting a test program may also terminate the test program at any time by providing written notice of the termination to the Administrator of General Services. The Administrator of General Services may grant test program extensions of up to an additional four years (see § 300-80.8).
§ 300-80.8 What must we do to apply for a test program extension?
The head of the agency or designee must submit a request to extend the test program to the Administrator of General Services, Office of Government-wide Policy, 1800 F Street, NW., Washington, DC 20405, not later than 120 days prior to the expiration of the test period. The request for extension must contain the test program results to that date and clearly enumerate the benefits, qualitatively or quantitatively or both, of granting a test program extension and must specify the duration of time for which an extension is requested.
§ 300-80.9 What reports are required for a test program?
(a) The Administrator of General Services must submit a copy of any test program approved or extended to Congress at least 30 days before the effective date of the authorized test program.
(b) The agency authorized to conduct the test program must submit the following reports:
(1) An annual report on the progress of the test, submitted to the General Services Administration, Office of Government-wide Policy, 1800 F Street, NW, Washington, DC 20405. The Administrator or designee may terminate the test program approval for failure to comply with these reporting requirements; and
(2) A final report on the results of the test program must be submitted to the General Services Administration, Office of Government-wide Policy, 1800 F Street, NW, Washington, DC 20405, and to the appropriate committees of Congress within 3 months after completion of the program.
(c) All reports must include quantitative or qualitative assessments, or both, clearly evaluating the results of the test program and enumerating benefits and costs.
PARTS 300-90—300-99 [RESERVED]
CHAPTER 301—TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES
SUBCHAPTER A—INTRODUCTION
PART 301-1—APPLICABILITY
§ 301-1.1 What is an “agency” for purposes of TDY allowances?
| An agency includes | But does not include |
|---|---|
| An Executive agency, as defined in 5 U.S.C. 105 (except for Government-Controlled Corporations, | A Government-controlled corporation. |
| A military department | A Member of Congress. |
| An office, agency or other establishment in the legislative branch | An office or committee of either House of Congress or of the two Houses. |
| The Government of the District of Columbia | An office, agency or other establishment in the judicial branch. |
§ 301-1.2 What is an “employee” for purposes of TDY allowances?
An “employee” is:
(a) An individual employed by an agency, regardless of status or rank; or
(b) An individual employed intermittently in Government service as an expert or consultant and paid on a daily when-actually-employed (WAE) basis; or
(c) An individual serving without pay or at $1 a year (also referred to as “invitational traveler”).
§ 301-1.3 Who is eligible for TDY allowances?
This chapter covers the following individuals:
(a) Employees traveling on official business;
(b) Interviewees performing pre-employment interview travel;
(c) Employees who must interrupt official business travel to perform emergency travel as a result of an incapacitating illness or injury or a personal emergency situation; and
(d) Threatened law enforcement/investigative employees and members of their family temporarily relocated to safeguard their lives because of a threat resulting from the employee’s assigned duties.
PART 301-2—GENERAL RULES
Yes, generally you must have written or electronic authorization before incurring any travel expense. When it is not practicable or possible to obtain such authorization before travel begins, your agency may approve reimbursement for specific travel expenses after travel is completed. However, written or electronic advance authorization is required for items in § 301-2.5(c), (i), (n), and (o) of this part.
§ 301-2.2 What travel expenses may my agency pay?
Your agency may pay only those expenses essential to the transaction of official business, which include:
(a) Transportation expenses as provided in part 301-10 of this chapter;
(b) Per diem expenses as provided in part 301-11 of this chapter;
(c) Miscellaneous expenses as provided in part 301-12 of this chapter; and
(d) Travel expenses of an employee with special needs as provided in part 301-13 of this chapter.
§ 301-2.3 What standard of care must I use in incurring travel expenses?
You must exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business.
§ 301-2.4 For what travel expenses am I responsible?
You are responsible for expenses over the reimbursement limits established in this chapter. Your agency will not pay for excess costs resulting from circuitous routes, delays, or luxury accommodations or services unnecessary or unjustified in the performance of official business. Failure to provide sufficient justification to your approving official for such accommodations or services will limit your reimbursement to the constructive cost of the amount authorized versus the amount claimed.
You must have a specific authorization or prior approval for:
(a) Use of other than coach-class service on common carrier transportation;
(b) Use of a foreign air carrier or foreign ship;
(c) Use of reduced fares for group or charter arrangements;
(d) Use of cash to pay for common carrier transportation;
(e) Use of extra-fare train service;
(f) Travel by ship;
(g) Use of a rental car;
(h) Use of a Government aircraft;
(i) Payment of a reduced per diem rate;
(j) Payment of actual expense, unless your agency has issued a blanket actual expense authorization under § 301-70.201;
(k) Travel expenses related to emergency travel;
(l) Transportation expenses related to threatened law enforcement/investigative employees and members of their families;
(m) Travel expenses related to travel to a foreign area;
(n) Acceptance of payment from a non-Federal source for travel expenses, see chapter 304 of this subtitle;
(o) Travel expenses related to attendance at a conference; and
(p) Due to an employee’s medical requirements or religious beliefs, payment of the full M&IE allowance even though meals are furnished by the Government either directly or through a registration fee or other payment for a conference or other event, in accordance with § 301-11.18(b).
Paragraphs (c), (i), (n), and (o) of this section require a written or electronic advance authorization.
SUBCHAPTER B—ALLOWABLE TRAVEL EXPENSES
PART 301-10—TRANSPORTATION EXPENSES
Subpart A—General
§ 301-10.1 Am I eligible for payment of transportation expenses?
Yes, you are eligible for payment of transportation expenses when performing official travel, including authorized transportation expenses incurred within the TDY location.
§ 301-10.2 What expenses are payable as transportation?
Fares, rental fees, mileage payments, and other expenses related to transportation.
Your agency may authorize:
(a) Common carrier transportation (e.g., aircraft, train, bus, ship, or other transit system) under subpart B;
(b) Government vehicle under subpart C;
(c) POV under subpart D; or
(d) Special conveyance (e.g., taxi, TNC, innovative mobility technology company, or commercial automobile) under subpart E.
§ 301-10.4 How does my agency select the method of transportation to be used?
Your agency must select the method most advantageous to the Government, when cost and other factors are considered. Under 5 U.S.C. 5733, travel must be by the most expeditious means of transportation practicable and commensurate with the nature and purpose of your duties. In addition, your agency must consider energy conservation, total cost to the Government (including costs of per diem, overtime, lost worktime, and actual transportation costs), total distance traveled, number of points visited, and number of travelers.
§ 301-10.5 What are the presumptions as to the most advantageous method of transportation by order of precedence?
(a) Common carrier. Travel by common carrier is presumed to be the most advantageous method of transportation and must be used when reasonably available.
(b) Government-furnished automobile. When your agency determines that your travel must be performed by automobile, a Government-furnished automobile is presumed to be the most advantageous method of transportation.
(c) Rental car. If no Government-furnished automobile is available, but your agency has determined that travel must be performed by automobile, then a rental car should be authorized.
(d) Privately Owned Vehicle (POV). POVs should be determined to be the most advantageous method of transportation only after your agency evaluates the use of a common carrier, a Government-furnished automobile, and a rental car.
If you do not travel by the method of transportation required by regulation or authorized by your agency, any additional expenses you incur which exceed the cost of the authorized method of transportation will be borne by you.
§ 301-10.7 How should I route my travel?
You must travel to your destination by the usually traveled route unless your agency authorizes or approves a different route as officially necessary.
§ 301-10.8 What is my liability if, for personal convenience, I travel by an indirect route or interrupt travel by a direct route?
Your reimbursement will be limited to the cost of travel by a direct route or on an uninterrupted basis. You will be responsible for any additional costs.
Subpart B—Common Carrier Transportation
You may be authorized to use airline, train, ship, bus, or other transit system.
§ 301-10.101 What classes of common carrier accommodations are available?
Common carriers frequently update their levels of service and use various terminologies to distinguish those levels of service. For the purposes of this regulation, the classes of common carrier transportation are categorized as coach class, premium economy class, business class, and first class.
If an airline flight has only two classes of accommodations available, i.e., two distinctly different seating types (such as girth and pitch) and the front of the aircraft is termed “premium economy class” or higher by the airline and the tickets are fare coded as premium economy class or higher, then the front of the aircraft is deemed to be other than coach class. Alternatively, if an airline flight has only two seating sections available but equips both with one type of seating, (i.e., seating girth and pitch are the same in both sections of the aircraft), and the seats in the front of the aircraft are fare coded as full fare economy class, and only restricted economy fares are available in the back of the aircraft, then the entire aircraft is to be classified as coach class. In this second situation, qualifying for other than coach class travel is not required to purchase an unrestricted full fare economy seat in the front of the aircraft as the entire aircraft is considered “coach class.”
§ 301-10.102 What class of common carrier accommodations must I use?
For all official travel you must use coach class accommodations, unless your agency authorizes or approves the use of other than coach class accommodations as provided under § 301-10.103.
§ 301-10.103 When may I use other than coach class accommodations?
You are required to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business when making official travel arrangements. Therefore, you are required to use the least expensive class of accommodations necessary to meet your needs and accomplish the agency’s mission. You may use the lowest other than coach class accommodations only when your agency specifically authorizes or approves such use as specified in paragraph (a), (b), or (c) of this section.
(a) Your agency may authorize or approve premium economy class accommodations when:
(1) Required to accommodate a medical disability or other special need;
(i) A medical disability must be certified annually in a written statement by a competent medical authority. However, if the disability is a lifelong condition, then a one-time certification statement is required. Certification statements must include at a minimum:
(A) A written statement by a competent medical authority stating that special accommodation is necessary;
(B) An approximate duration of the special accommodation; and
(C) A recommendation as to the suitable class of transportation accommodations based on the medical disability.
(ii) A special need must be certified annually in writing according to your agency’s procedures. However, if the special need is a lifelong condition, then a one-time certification statement is required;
(iii) If you are authorized under § 301-13.3(a) of this subchapter to have an attendant accompany you, your agency may also authorize the attendant to use premium economy class accommodations if you require the attendant’s services en route;
(2) Exceptional security circumstances, as determined by your agency, require premium economy class accommodations;
(3) Coach class accommodations on an authorized foreign carrier do not provide adequate sanitation or health standards;
(4) Regularly scheduled service between origin and destination points, including connecting points, provide only other than coach class accommodations and you certify such on your voucher;
(5) Your common carrier costs are paid in full through agency acceptance of payment from a non-Federal source in accordance with chapter 304 of this title;
(6) Your origin and/or destination is/are OCONUS and your scheduled flight time, including stopovers and change of planes, is in excess of eight hours;
(7) The use results in an overall cost savings to the Government by avoiding additional subsistence costs, overtime, or lost productive time while awaiting coach class accommodations;
(8) No space is available in coach class accommodations that allows you to arrive in time to accomplish the mission, which is urgent and cannot be postponed; or
(9) Required because of agency mission, consistent with your agency’s internal procedures pursuant to § 301-70.102(i).
(b) Your agency may authorize or approve business class accommodations under paragraphs (a)(1) through (5) and (7) through (9) of this section, or when:
(1) Your origin and/or destination are OCONUS;
(2) Your scheduled flight time, including stopovers and change of planes, is more than 14 hours;
(3) You are required to report to duty the following day or sooner; and
(4) Your agency has determined business class accommodations are more advantageous than authorizing a rest period en route or at your destination pursuant to § 301-11.20.
(c) Your agency may authorize or approve first class accommodations under paragraph (a)(1), (2), or (9) of this section, or when no coach class, premium economy class, or business class accommodations are reasonably available. “Reasonably available” means available on a common carrier that is scheduled to leave within 24 hours of your proposed departure time, or scheduled to arrive within 24 hours of your proposed arrival time.
Other than coach class accommodations may be obtained at a traveler’s personal expense, including through redemption of program membership benefits such as frequent flyer programs.
Open authorization (i.e., Unlimited Open or Limited Open) of other than coach class transportation accommodations is prohibited and shall be authorized on an individual trip-by-trip basis, unless the traveler has an up-to-date documented medical disability or special need.
§ 301-10.104 What must I do if I change or do not use a common carrier reservation?
If you know you will change or not use your reservation, you must take action to change or cancel it as prescribed by your agency. Also, you must report all changes of your reservation according to your agency’s procedures in an effort to prevent losses to the Government. Failure to do so may subject you to liability for any resulting losses.
§ 301-10.105 What must I do with unused Government Transportation Request(s) (GTR(s)), ticket(s), or refund application(s)?
You must submit any unused GTR(s), unused ticket coupons, unused e-tickets, unused e-vouchers, or refund applications to your agency in accordance with your agency’s procedures.
No. You are not authorized to receive or keep a refund, credit, or any other negotiable document from a transportation service provider for undelivered services (except as provided in § 301-10.123) or any portion of an unused ticket issued in exchange for a GTR or billed to an agency’s centrally billed account. However, any charges billed directly to your individually billed Government charge card account should be credited to your account. You must immediately remit to the Government for any unused transportation expense(s) credited to your individually billed Government charge card account.
§§ 301-10.107–301-10.109 [Reserved]
Use of Contract City Pair Program Fares
§ 301-10.110 When must I use a contract City Pair Program fare?
If you are an employee of an agency as defined in § 301-1.1 of this chapter, you must use a contract City Pair Program fare for scheduled air passenger transportation service unless one of the limited exceptions in § 301-10.111 exists.
When a contract City Pair Program carrier offers a lower cost capacity-controlled coach class contract fare (_CA) and an unrestricted coach class contract fare (YCA), you must use the lower cost capacity-controlled fare when it is advantageous and meets mission needs. A listing of contract City Pair Program fares is available at https://www.gsa.gov/citypairs.
Employees of the Government of the District of Columbia, with the exception of the District of Columbia Courts, are not eligible to use contract City Pair Program fares even though these employees otherwise may be covered by the FTR.
§ 301-10.111 Are there any exceptions to the use of a contract City Pair Program fare?
Yes, your agency may authorize use of a non-contract fare when:
(a) There are no accommodations available on any scheduled contract City Pair Program flight arriving to your destination in time to accomplish the purpose of your travel or use of contract service would require you to incur unnecessary overnight lodging costs which would increase the total cost of the trip;
(b) The contractor’s flight schedule is inconsistent with explicit policies of your Federal department or agency with regard to scheduling travel during normal working hours;
(c) A non-contract carrier offers a lower fare to the general public that, if used, will result in a lower total trip cost to the Government (the combined costs of transportation, lodging, meals, and related expenses considered); or
This exception does not apply if the contract carrier offers the same or lower fare and has seats available at that fare, or if the fare offered by the non-contract carrier is restricted to Government and military travelers performing official business and may be purchased only with a contractor-issued charge card, centrally billed account (e.g., YDG, MDG, QDG, VDG, and similar fares) or GTR where the two previous options are not available.
(d) Cost effective rail transportation is available and is consistent with mission requirements.
A group of 10 or more passengers traveling together on the same day, on the same flight, for the same mission, requiring group integrity and identified as a group by the travel management service upon booking is not a mandatory user of the Government’s contract City Pair Program fares. For group travel, agencies are expected to obtain air passenger transportation service that is practical and cost effective to the Government.
Contractors are not authorized to use contract City Pair Program fares to perform travel under their contracts.
Carrier preference is not a valid exception for using a non-contract City Pair Program fare.
§ 301-10.112 What requirements must be met to use a non-contract fare?
(a) Before purchasing a non-contract fare you must meet one of the exception requirements listed in § 301-10.111 and show approval on your travel authorization to use a non-contract fare; and
(b) If the non-contract fare is non-refundable, restricted, or has specific eligibility requirements, you must know or reasonably anticipate, based on your planned trip, that you will use the ticket; and
(c) Your agency must determine that the proposed non-contract transportation is practical and cost effective for the Government.
You are responsible for any additional costs or penalties incurred by you resulting from unauthorized use of non-contract service.
§ 301-10.114 May I use contract passenger transportation service for personal travel?
No, you may not use contract passenger transportation service for personal travel.
§§ 301-10.115–301-10.117 [Reserved]
Airline Accommodations
§§ 301-10.118–301-10.119 [Reserved]
§ 301-10.120 What must I do when different airlines furnish the same service at different fares?
When there is no contract City Pair Program fare and other carriers furnish the same service at different fares between the same points for the same type of accommodations, you must use the lowest cost service unless your agency determines that the use of higher cost service is more advantageous to the Government.
§ 301-10.121 When may I use coach class seating upgrade programs?
Use of upgraded coach class seating options is generally a traveler’s personal choice and therefore is at the traveler’s personal expense. However, your agency approving official may approve reimbursement of the additional seat choice fee according to part 301-13 of this chapter or internal agency policy (see § 301-70.102(k)).
§ 301-10.122 What must I do with compensation an airline gives me if it denies me a seat on a plane?
If you are performing official travel and a carrier denies you a confirmed reserved seat on a plane, you must give your agency any payment you receive for liquidated damages. You must ensure the carrier shows the “Treasurer of the United States” as payee on the compensation check and then forward the payment to the appropriate agency official.
§ 301-10.123 May I keep compensation an airline gives me for voluntarily vacating my seat on my scheduled airline flight when the airline asks for volunteers?
(a) Yes, you may keep airline compensation if:
(1) Voluntarily vacating your seat will not interfere with performing your official duties; and
(2) Additional travel expenses, incurred as a result of vacating your seat, are borne by you and are not reimbursed by the Government.
(b) If volunteering delays your travel during duty hours, your agency will charge you with annual leave for the additional hours.
§ 301-10.124 When may I use a reduced group or charter fare?
You may use a reduced group or charter fare when your agency has determined, on an individual case basis before your travel begins, that use of such a fare is cost effective. Chartered aircraft are subject to the same rules as Government aircraft, and agencies in the executive branch of the Federal Government are subject to the requirements of Office of Management and Budget (OMB) Circular A-126 and 41 CFR part 102-33 in making such cost effectiveness determinations.
§§ 301-10.125–301-10.129 [Reserved]
Use of United States Flag Air Carriers
§ 301-10.130 [Reserved]
§ 301-10.131 What does United States mean?
For purposes of the use of United States flag air carriers, United States means the 50 states, the District of Columbia, and the territories and possessions of the United States (49 U.S.C. 40102).
§ 301-10.132 Who is required to use a U.S. flag air carrier?
Anyone whose air travel is financed by U.S. Government funds, except as provided in § 301-10.135, §§ 301-10.136, and 301-10.137.
§ 301-10.133 What is a U.S. flag air carrier?
An air carrier which holds a certificate under 49 U.S.C. 41102 but does not include a foreign air carrier operating under a permit.
§ 301-10.134 What is U.S. flag air carrier service?
U.S. flag air carrier service is service provided on an air carrier which holds a certificate under 49 U.S.C. 41102 and which service is authorized either by the carrier’s certificate or by exemption or regulation. U.S. flag air carrier service also includes service provided under a code share agreement with a foreign air carrier in accordance with Title 14, Code of Federal Regulations when the ticket, or documentation for an electronic ticket, identifies the U.S. flag air carrier’s designator code and flight number.
§ 301-10.135 When must I travel using U.S. flag air carrier service?
You are required by 49 U.S.C. 40118, commonly referred to as the “Fly America Act,” to use U.S. flag air carrier service for all air travel funded by the U.S. Government, except as provided in §§ 301-10.136 and 301-10.137 or when one of the following exceptions applies:
(a) Use of a foreign air carrier is determined to be a matter of necessity in accordance with § 301-10.138; or
(b) The transportation is provided under a bilateral or multilateral air transportation agreement to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act.
(1) Information on bilateral or multilateral air transportation agreements impacting United States Government procured transportation can be accessed at https://www.gsa.gov/openskies; and
(2) If determined appropriate, GSA may periodically issue FTR Bulletins providing further guidance on bilateral or multilateral air transportation agreements impacting United States Government procured transportation. These bulletins may be accessed at https://www.gsa.gov/ftrbulletins.
(c) You are an officer or employee of the Department of State or the United States Agency for International Development, and your travel is paid with funds appropriated to one of these agencies, and your travel is between two places outside the United States; or
(d) No U.S. flag air carrier provides service on a particular leg of the route, in which case foreign air carrier service may be used, but only to or from the nearest interchange point on a usually traveled route to connect with U.S. flag air carrier service; or
(e) A U.S. flag air carrier involuntarily reroutes your travel on a foreign air carrier; or
(f) Service on a foreign air carrier would be three hours or less, and use of the U.S. flag air carrier would at least double your en route travel time; or
(g) When the costs of transportation are reimbursed in full by a third party, such as a foreign government, international agency, or other organization.
§ 301-10.136 What exceptions to the Fly America Act requirements apply when I travel between the United States and another country?
The exceptions are:
(a) If a U.S. flag air carrier offers nonstop or direct service (no aircraft change) from your origin to your destination, you must use the U.S. flag air carrier service unless such use would extend your travel time, including delay at origin, by 24 hours or more.
(b) If a U.S. flag air carrier does not offer nonstop or direct service (no aircraft change) between your origin and your destination, you must use a U.S. flag air carrier on every portion of the route where it provides service unless, when compared to using a foreign air carrier, such use would:
(1) Increase the number of aircraft changes you must make outside of the U.S. by 2 or more; or
(2) Extend your travel time by at least 6 hours or more; or
(3) Require a connecting time of 4 hours or more at an overseas interchange point.
§ 301-10.137 What exceptions to the Fly America Act requirements apply when I travel solely outside the United States, and a U.S. flag air carrier provides service between my origin and my destination?
You must always use a U.S. flag carrier for such travel, unless, when compared to using a foreign air carrier, such use would:
(a) Increase the number of aircraft changes you must make en route by 2 or more; or
(b) Extend your travel time by 6 hours or more; or
(c) Require a connecting time of 4 hours or more at an overseas interchange point.
§ 301-10.138 In what circumstances is foreign air carrier service deemed a matter of necessity?
(a) Foreign air carrier service is deemed a necessity when service by a U.S. flag air carrier is available, but
(1) Cannot provide the air transportation needed; or
(2) Will not accomplish the agency’s mission.
(b) Necessity includes, but is not limited to, the following circumstances:
(1) When the agency determines that use of a foreign air carrier is necessary for medical reasons, including use of foreign air carrier service to reduce the number of connections and possible delays in the transportation of persons in need of medical treatment; or
(2) When use of a foreign air carrier is required to avoid an unreasonable risk to your safety and is approved by your agency (e.g., terrorist threats). Written approval of the use of foreign air carrier service based on an unreasonable risk to your safety must be approved by your agency on a case by case basis. An agency determination and approval of use of a foreign air carrier based on a threat against a U.S. flag air carrier must be supported by a travel advisory notice issued by the Federal Aviation Administration and the Department of State. An agency determination and approval of use of a foreign air carrier based on a threat against Government employees or other travelers must be supported by evidence of the threat(s) that form the basis of the determination and approval; or
(3) When you cannot purchase a ticket in your authorized class of service on a U.S. flag air carrier, and a seat is available in your authorized class of service on a foreign air carrier.
§ 301-10.139 May I travel by a foreign air carrier if the cost of my ticket is less than traveling by a U.S. flag air carrier?
No. Foreign air carrier service may not be used solely based on the cost of your ticket.
§ 301-10.140 May I use a foreign air carrier if the service is preferred by or more convenient for my agency or me?
No. You must use U.S. flag air carrier service, unless you meet one of the exceptions in § 301-10.135, § 301-10.136, or § 301-10.137 or unless foreign air carrier service is deemed a matter of necessity under § 301-10.138.
§ 301-10.141 Must I provide any special certification or documents if I use a foreign air carrier?
Yes, you must provide a certification, as required in § 301-10.142 and any other documents required by your agency. Your agency cannot pay your foreign air carrier fare if you do not provide the required certification.
§ 301-10.142 What must the certification include?
The certification must include:
(a) Your name;
(b) The dates that you traveled;
(c) The origin and the destination of your travel;
(d) A detailed itinerary of your travel, name of the air carrier and flight number for each leg of the trip; and
(e) A statement explaining why you met one of the exceptions in § 301-10.135, § 301-10.136, or § 301-10.137 or a copy of your agency’s written approval that foreign air carrier service was deemed a matter of necessity in accordance with § 301-10.138.
§ 301-10.143 What is my liability if I improperly use a foreign air carrier?
You will not be reimbursed for any transportation cost for which you improperly use foreign air carrier service. If you are authorized by your agency to use U.S. flag air carrier service for your entire trip, and you improperly use a foreign air carrier for any part of or the entire trip (i.e., when not permitted under this regulation), your transportation cost on the foreign air carrier will not be payable by your agency. If your agency authorizes you to use U.S. flag air carrier service for part of your trip and foreign air carrier service for another part of your trip, and you improperly use a foreign air carrier (i.e., when neither authorized to do so nor otherwise permitted under this regulation), your agency will pay the transportation cost on the foreign air carrier for only the portion(s) of the trip for which you were authorized to use foreign air carrier service. The agency must establish internal procedures for denying reimbursement to travelers when use of a foreign air carrier was neither authorized nor otherwise permitted under this regulation.
§§ 301-10.144–301-10.159 [Reserved]
Train
§ 301-10.160 When may I use extra-fare train service?
You may use extra-fare train service whenever your agency determines it is more advantageous to the Government or is required for security reasons. Use of extra-fare train service must be authorized or approved as other than coach class accommodations as provided in §§ 301-10.103(b) and 301-10.103(c).
§ 301-10.161 When may I use sleeping accommodations aboard train service?
You may use the lowest class of sleeping accommodations aboard a train that meets your mission needs when overnight travel is required, and your agency determines it is advantageous to the Government.
§§ 301-10.162–301-10.179 [Reserved]
Ship
§ 301-10.180 Must I travel by a U.S. flag ship?
Yes, when authorized to travel by ship you must use a U.S. flag ship when one is available unless the necessity of the mission requires the use of a foreign ship. (See 46 U.S.C. 55302).
§ 301-10.181 What is my liability if I improperly use a foreign ship?
You are required to travel by U.S. flag ship for the entire trip, unless use of a foreign ship has been authorized by your agency. Any cost that is attributed to improper or unauthorized use of a foreign ship is your responsibility.
§§ 301-10.182–301-10.189 [Reserved]
Transit Systems
§ 301-10.190 When may I use a transit system as a means of transportation in conjunction with official travel?
You may use a transit system as a means of transportation in conjunction with official travel when such transportation is authorized and approved by your agency in the following manner:
(a) At your official station. (1) From your residence or other authorized point of departure, e.g., rail to airport;
(2) To your residence or other authorized point of return, e.g., airport to rail;
(3) From your residence to your office on the day you depart the official station on official TDY that requires at least one night’s lodging; or
(4) From your office to your residence on the day you return to the official station from an official TDY assignment that required at least one night’s lodging.
(b) At your TDY location. (1) From the TDY transit system station(s) to your place of lodging or place of official business and return;
(2) To, from, and between your places of lodging and official business;
(3) Between places of official business; or
(4) To obtain meals at the nearest available place when the nature and location of the official business or the lodging at a TDY location are such that meals cannot be obtained there. You must attach a statement or include electronic remarks with your travel voucher explaining why such transportation was necessary.
Subpart C—Government Vehicle
You may be authorized to use:
(a) A Government-furnished automobile in accordance with § 301-10.220;
(b) A Government aircraft in accordance with §§ 301-10.260 through 301-10.262 of this part; and
(c) Other type of Government vehicle in accordance with any Government-issued rules governing its use.
§ 301-10.201 For what purposes may I use a Government vehicle other than a Government aircraft?
Only for official purposes which include transportation:
(a) Between places of official business;
(b) Between such places and places of temporary lodging when public transportation is unavailable or its use is impractical;
(c) Between either paragraph (a) or (b) of this section and restaurants, drug stores, barber shops, places of worship, cleaning establishments, and similar places necessary for the sustenance, comfort, or health of the employee to foster the continued efficient performance of Government business; or
(d) As otherwise authorized by your agency under 31 U.S.C. 1344.
You are responsible for any additional cost resulting from unauthorized use of a Government vehicle and you may be subject to administrative and/or criminal liability for misuse of Government property.
Government-Furnished Automobiles
§ 301-10.220 What requirements must I meet to operate a Government-furnished automobilefor official travel?
You must possess a valid State, District of Columbia, or territorial motor vehicle operator’s license and have a travel authorization specifically authorizing the use of a Government-furnished automobile .
Travel on Government Aircraft
§ 301-10.260 May I use a Government aircraft for travel?
You may use Government aircraft for travel only if you have authorization from an executive agency under the rules specified in this part (except with regard to travel under §§ 301-70.808 and 301-70.910). Because the taxpayers should pay no more than necessary for your transportation, generally you may travel on Government aircraft only when a Government aircraft is the most cost-effective mode of travel.
§ 301-10.261 When may I use a Government aircraft for travel?
You may use Government aircraft—
(a) For official travel only when—
(1) No scheduled commercial airline service is reasonably available (i.e., able to meet your departure and/or arrival requirements within a 24-hour period, unless you demonstrate that extraordinary circumstances require a shorter period) to fulfill your agency’s travel requirement; or
(2) The cost of using a Government aircraft is less than the cost of the city-pair fare for scheduled commercial airline service or the cost of the lowest available full coach fare if a city-pair fare is not available to you. The cost of non-productive or lost work time while in travel status and certain other costs should be considered when comparing the cost of using a Government aircraft in lieu of scheduled commercial airline service. Additional information on costs included in this cost comparison may be found in the “U.S. Government Aircraft Cost Accounting Guide,” available by emailing [email protected].
(b) For required-use travel only when you are required to use Government aircraft for bona fide communications (e.g., 24-hour secure communications) or security reasons (e.g., highly unusual circumstances that present a clear and present danger) or exceptional scheduling requirements (e.g., a national emergency or other compelling operational considerations). Required use travel may include travel for official, personal, or political purposes, but must be approved in accordance with §§ 301-10.262(a) and 301-70.803(a).
(c) For space available travel only when—
(1) The aircraft is already scheduled for use for an official purpose, and your use of the aircraft does not require a larger aircraft or result in more than minor additional cost to the Government; or
(2) You are a Federal traveler or a dependent of a Federal traveler stationed by the Government in a remote location not accessible to commercial airline service and authorized to use Government aircraft; or
(3) You are authorized to travel on a space available basis under 10 U.S.C. 2648 and regulations implementing that statute.
Your agency will authorize your travel on Government aircraft as follows:
(a) Required use travelers. Your agency’s senior legal official or their principal deputy must authorize your required-use travel on a trip-by-trip basis, in advance, in writing, and in compliance with the agency’s written policies describing the special circumstances under which the agency will require a traveler to use Government aircraft, unless—
(1) You are an agency head and the President has determined that all your travel (or your travel in specified categories) qualifies as required-use travel; or
(2) You are not an agency head, and your agency head has determined in writing that all of your travel, or your travel in specified categories, qualifies as required-use travel. Such written explanation must state the specific basis for the determination.
In an emergency situation, prior verbal approval for required-use travel with an after-the-fact written authorization is permitted.
(b) Senior Federal officials. If you are a senior Federal official, your agency’s senior legal official or their principal deputy must authorize all your travel on Government aircraft in advance and in writing, except for required use travel authorized under paragraphs (a)(1) and (a)(2) of this section. In an emergency situation, prior verbal approval with an after-the-fact written authorization by your agency’s senior legal official is permitted. Senior Federal officials who are crewmembers or qualified non-crewmembers on a flight in which they are also traveling (i.e., being transported from point to point) are considered travelers and must be authorized to travel on Government aircraft according to this paragraph.
(c) Non-Federal travelers. If you are a non-Federal traveler, the senior legal official or their principal deputy in the agency sponsoring your travel must authorize you to fly on Government aircraft in advance and in writing. In an emergency situation, prior verbal approval with an after-the-fact written authorization by your sponsoring agency’s senior legal official is permitted.
(d) All other Federal travelers. Your designated travel-approving official (or anyone to whom they delegate this authority), who must be at least one organizational level above you, must authorize your travel on Government aircraft, in advance and in writing. Prior verbal approval with an after-the-fact written authorization by your agency’s designated travel approving official is permitted in an emergency situation. If you hold a blanket travel authorization for official travel that authorizes travel on Government aircraft, it must define the circumstances that must be met for using Government aircraft and must comply with this regulation and any additional agency policies. Travel on Government aircraft that does not meet the circumstances specified in the blanket travel authorization must be authorized on a trip-by-trip basis in accordance with this regulation and other applicable agency policies. Check with your designated travel approving official for information on your agency’s policy.
You must present to the aircraft management office that operates the Government aircraft—
(a) A copy of your written travel authorization, including a blanket travel authorization, if applicable, approved in accordance with § 301-10.262; and
(b) Valid picture identification, such as a Government identification card or a state-issued driver’s license.
§ 301-10.264 What amount must the Government be reimbursed for travel on Government aircraft?
(a) No reimbursement is required for official travel on a Government aircraft.
(b) For personal travel on Government aircraft, reimbursement depends upon which of the following special cases applies:
(1) For any required use travel, you must reimburse the Government for the excess of the full coach fare for all flights taken over the full coach fare for the flights that you would have taken had you not engaged in personal activities during the trip, i.e., for a wholly personal trip, you must pay the full coach fare for the entire trip;
(2) For travel authorized under 10 U.S.C. 2648 and regulations implementing that statute, or when you or your dependents are stationed by the Government in a remote location with no access to regularly scheduled commercial airline service and are authorized to use Government aircraft, you do not have to reimburse the Government.
(c) For political travel on a Government aircraft (i.e., for any trip or part of a trip during which you engage in political activities), the Government must be reimbursed the excess of the full coach fare for all flights taken on the trip over the full coach fare for the flights that you would have taken had you not engaged in political activities, except if other law or regulation specifies a different amount (see, e.g., 11 CFR 106.3, “Allocation of Expenses between Campaign and Non-campaign Related Travel”), in which case the amount reimbursed is the amount required by such law or regulation.
Except for required use travel, any use of Government aircraft for personal or political activities shall not cause an increase in the actual costs to the Government of operating the aircraft.
§ 301-10.265 Will my travel on Government aircraft be reported?
Your travel on Government aircraft will not be reported unless you are a senior Federal official, or a non-Federal traveler. (Travel under 10 U.S.C. 2648 is not reported.) If you are a senior Federal official or a non-Federal traveler, any use you make of Government aircraft, i.e., as a passenger, crewmember, or qualified non-crewmember, will be reported to the General Services Administration (GSA) by the agency that owns or hires the Government aircraft. (Agencies must maintain information on classified trips, but do not report classified trips to GSA.)
§ 301-10.266 Is information available to the public about travel on Government aircraft by senior Federal officials and non-Federal travelers?
Yes, an agency that authorizes travel on Government aircraft and an agency that owns or hires Government aircraft must make records about travelers on those aircraft available to the public in response to written requests under the Freedom of Information Act (5 U.S.C. 552), except for portions exempt from disclosure under that Act (such as classified information).
Subpart D—Privately Owned Vehicle (POV)
§ 301-10.300 When may I use a POV for official travel?
When authorized by your agency.
§ 301-10.301 How do I compute my mileage reimbursement?
You compute mileage reimbursement by multiplying the distance traveled, determined under § 301-10.302 of this subpart by the applicable mileage rate.
§ 301-10.302 How do I determine distance measurements for my travel?
| If you travel by | The distance between your origin and destination is |
|---|---|
| Privately owned automobile or privately owned motorcycle | As shown in paper or electronic standard highway mileage guides, or the actual miles driven as determined from odometer readings. |
| Privately owned aircraft | As determined from charts issued by the Federal Aviation Administration (FAA). You may include in your travel claim with an explanation any additional air mileage resulting from a detour necessary due to adverse weather, mechanical difficulty, or other unusual conditions. If a required deviation is such that airway mileage charts are not adequate to determine distance, you may use the formula of flight time multiplied by cruising speed of the aircraft to determine distance. You must convert nautical miles to statute or regular miles when submitting a claim (1 nautical mile equals 1.15077945 statute miles). |
§ 301-10.303 What am I reimbursed when use of POV is determined by my agency to be advantageous to the Government?
You will be reimbursed an applicable mileage rate based on the type of POV you actually use (privately owned airplane, privately owned automobile, privately owned motorcycle). These rates will be published in an FTR bulletin and are also displayed on GSA’s Web site (https://www.gsa.gov/mileage).
§ 301-10.304 What expenses are allowable in addition to the POV mileage rate allowances?
Following is a chart listing the reimbursable and non-reimbursable expenses:
| Reimbursable expenses in addition to mileage allowance | Non-reimbursable expenses included in the mileage allowance |
|---|---|
| Parking fees; ferry fees; bridge, road, and tunnel fees; and aircraft or airplane parking, landing, and tie-down fees | Charges for repairs, depreciation, replacements, grease, oil, antifreeze, towage and similar speculative expenses, fuel, insurance, state and Federal taxes. |
§ 301-10.305 How is reimbursement handled if another person(s) travels in a POV with me?
If another employee(s) travels with you on the same trip in the same POV, mileage is payable to only one of you. No deduction will be made from your mileage allowance if other passengers contribute to defraying your expenses.
If determined advantageous to the Government, you will be reimbursed on a mileage basis plus other allowable costs for round-trip travel on the beginning and/or ending of travel between the points involved.
§ 301-10.307 What will I be reimbursed if I use a POV to transport other employees?
Using a POV to transport other employees is strictly voluntary and you may be reimbursed in accordance with § 301-10.305.
§ 301-10.308 What will I be reimbursed if I park my POV at a common carrier terminal while I am away from my official station?
Your agency may reimburse your parking fee as an allowable transportation expense not to exceed the cost of one of the following to/from the terminal as determined by your agency:
(a) The cost of a taxi.
(b) The cost of a TNC fare.
(c) The cost of using an innovative mobility technology company.
You will be reimbursed the applicable POV rate on a mileage basis, plus per diem and related travel expenses, not to exceed the total constructive cost of the authorized method of transportation. Your agency must determine the constructive cost in accordance with § 301-70.105(a).
You will be reimbursed based on a constructive mileage rate limited to the cost that would be incurred for use of a Government-furnished automobile. This rate will be published in an FTR bulletin available at https://www.gsa.gov/ftrbulletins. If your agency determines the cost of providing a Government-furnished automobile would be higher because of unusual circumstances, it may allow reimbursement not to exceed the mileage rate for a privately owned automobile. In addition, you may be reimbursed other allowable expenses as provided in § 301-10.304.
Subpart E—Special Conveyances
Your agency may authorize/approve use of:
(a) Taxis, TNCs, or innovative mobility technology companies as specified in §§ 301-10.420 through 301-10.421 of this chapter;
(b) Commercial rental automobiles as specified in §§ 301-10.450 through 301-10.453 of this chapter; or
(c) Any other special conveyance when determined to be advantageous to the Government.
§ 301-10.401 What types of charges are reimbursable for use of a special conveyance?
Actual expenses that your agency determines are necessary, including, but not limited to:
(a) Fuel and oil;
(b) Rental of a garage, hangar, or boathouse;
(c) Feeding and stabling of horses;
(d) Per diem of operator; and
(e) Ferriage, tolls, etc.
You will be reimbursed the mileage cost for the use of your POV, and additional expenses such as parking fees, bridge, road and tunnel fees, not to exceed the constructive cost of the special conveyance.
§ 301-10.403 What is the difference between a Government aircraft and an aircraft hired as a special conveyance?
A Government aircraft is any aircraft owned, leased, chartered, or rented and operated by the Government. An aircraft hired as a special conveyance is an aircraft that you, in your private capacity, rent, lease, or charter and operate.
Taxis, TNCs, Innovative Mobility Technology Companies, Shuttle Services, or Other Courtesy Transportation
§ 301-10.420 When may I use a taxi, TNC, innovative mobility technology company, shuttle service or other courtesy transportation?
(a) When authorized and approved by your agency, your transportation expenses in the performance of official travel are reimbursable for the usual fare plus tip for use of a taxi, TNC, innovative mobility technology company, shuttle service or other courtesy transportation (if charges result), in the following manner:
(1) At your official station. (i) From your residence or other authorized point of departure, e.g., residence to airport;
(ii) To your residence or other authorized point of return, e.g., airport to residence;
(iii) From your residence to your office on the day you depart the official station on official TDY that requires at least one night’s lodging; or
(iv) From your office to your residence on the day you return to the official station from an official TDY assignment that required at least one night’s lodging.
(2) At your TDY location. (i) From the TDY transit system station to your place of lodging or place of official business and return;
(ii) To, from, and between your places of lodging and official business;
(iii) Between places of official business; or
(iv) To obtain meals at the nearest available place when the nature and location of the official business or the lodging at a TDY location are such that meals cannot be obtained there. You must attach a statement or include electronic remarks with your travel voucher explaining why such transportation was necessary.
(b) Courtesy transportation. You should use courtesy transportation service furnished by hotels/motels to the maximum extent possible as a first source of transportation between a place of lodging at the TDY station and a common carrier terminal. You will be reimbursed for tips when you use courtesy transportation service.
(c) Restrictions. When appropriate, your agency will restrict or place a monetary limit on the amount of reimbursement for the use of taxis, TNCs, or innovative mobility technology companies under this paragraph when—
(1) Suitable Government or common carrier transportation service, including shuttle service, is available for all or part of the distance involved; or
(2) Courtesy transportation service is provided by hotels/motels between the place of lodging at the TDY station and the common carrier terminal.
§ 301-10.421 How much will my agency reimburse me for a tip to a taxi, TNC, innovative mobility technology company, shuttle service, courtesy transportation driver, or valet parking attendant?
An amount which your agency determines to be reasonable.
Rental Automobiles
(a) Your agency must determine that use of a rental vehicle is advantageous to the Government and must specifically authorize such use.
(b) When authorized to use a rental vehicle, you should consider renting a vehicle from a vendor that participates in the Defense Travel Management Office (DTMO) U.S. Government Car Rental Agreement to avail yourself of the Agreement’s benefits, including the insurance and damage liability provisions, unless you are OCONUS and no agreement is in place for your TDY location. The advantages of renting a car through the DTMO rental car program are:
(1) Rental car agreements are pre-negotiated;
(2) The agreement includes automatic unlimited mileage and collision damage insurance; and
(3) The rates established by the car rental agreement cannot be exceeded by the vendor.
(c) Travelers must use the least expensive compact car available, unless an exception for another class of vehicle is approved. Agencies should approve these exceptions on a limited basis and must indicate on the travel authorization the reason for the exception. Your agency may authorize the use of other than a compact car if any of the following apply:
(1) When use of other than a compact car is necessary to accommodate a medical disability or other special need.
(i) A disability must be certified annually in a written statement by a competent medical authority. However, if the disability is a lifelong condition, then a one-time certification statement is required. Certification statements must include at a minimum:
(A) A written statement by a competent medical authority stating that special accommodation is necessary;
(B) An approximate duration of the special accommodation; and
(ii) A special need must be certified annually in writing according to your agency’s procedures. However, if the special need is a lifelong condition, then a one-time certification statement is required;
(iii) If you are authorized under § 301-13.3(a) to have an attendant accompany you, your agency may authorize the use of other than a compact car if deemed necessary by your agency.
(2) When required because of agency mission, consistent with your agency’s internal procedures pursuant to § 301-70.102(i).
(3) When the cost of other than a compact car is less than or equal to the cost of the least expensive compact car.
(4) When additional room is required to accommodate multiple employees authorized to travel together in the same rental vehicle.
(5) When travelers must carry a large amount of Government material incident to their official business, and a compact rental vehicle does not contain sufficient space.
(6) When necessary for safety reasons, such as during severe weather or having to travel on rough or difficult terrain.
(d) Travelers are not to be reimbursed for purchasing pre-paid refueling options for rental cars. Therefore, travelers should refuel prior to returning the rental vehicle to the drop-off location. However, if it is not possible to refuel completely prior to returning the vehicle because of safety issues or the location of closest fueling station, travelers will be reimbursed for vendor refueling charges.
(e) Travelers will not be reimbursed for fees associated with rental car loyalty points or the transfer of points charged by car companies.
(f) A rental car is to be used only for official purposes, which include transportation:
(1) Between places of official business;
(2) Between such places and places of temporary lodging when public transportation is unavailable or its use is impractical; or
(3) Between either subparagraph (1) or (2) of this paragraph and restaurants, drug stores, barber shops, places of worship, cleaning establishments, and similar places necessary for the sustenance, comfort, or health of the employee to foster the continued efficient performance of Government business.
§ 301-10.451 May I be reimbursed for the cost of collision damage waiver (CDW) or theft insurance?
(a) General rule—no. You will not be reimbursed for CDW or theft insurance for travel within CONUS for the following reasons:
(1) The Government is a self-insurer.
(2) Rental vehicles available under agreement(s) with the Government includes full coverage insurance for damages resulting from an accident while performing official travel.
(3) Any deductible amount paid by you may be reimbursed directly to you or directly to the rental agency if the damage occurred while you were performing official business.
(b) Exception. You will be reimbursed for CDW or theft insurance, or both, when you travel OCONUS and such insurance is necessary because the rental or leasing agency requirements, foreign statute, or legal procedures could cause extreme difficulty for an employee involved in an accident.
§ 301-10.452 May I be reimbursed for personal accident insurance?
No. That is a personal expense and is not reimbursable.
You are responsible for any additional cost resulting from the unauthorized use of a commercial rental automobile for other than official travel-related purposes.
PART 301-11—PER DIEM EXPENSES
Subpart A—General Rules
§ 301-11.1 When am I eligible for an allowance (per diem or actual expense)?
When:
(a) You perform official travel away from your official station, or other areas defined by your agency;
(b) You incur per diem expenses while performing official travel; and
(c) You are in a travel status for more than 12 hours.
§ 301-11.2 Will I be reimbursed for per diem expenses if my official travel is 12 hours or less?
No.
§ 301-11.3 Must my agency pay an allowance (either a per diem allowance or actual expense)?
Yes, unless:
(a) You perform travel to a training event under the Government Employees Training Act (5 U.S.C. 4101-4118), and you agree not to be paid per diem expenses; or
(b) You perform pre-employment interview travel, and the interviewing agency does not authorize payment of per diem expenses.
§ 301-11.4 May I be reimbursed actual expense and per diem on the same trip?
Yes, you may be reimbursed both actual expense and per diem during a single trip, but only one method of reimbursement may be authorized for any given calendar day except as provided in § 301-11.305 or § 301-11.306. Your agency must determine when the transition between the reimbursement methods occurs.
§ 301-11.5 How will my per diem expenses be reimbursed?
Per diem expenses will be reimbursed by the:
(a) Lodgings-plus per diem method;
(b) Reduced per diem method; or
(c) Actual expense method.
§ 301-11.6 Where do I find maximum per diem and actual expense rates?
Consult this table to find out where to access per diem rates for various types of Government travel:
| For travel in | Rates set by | For |
|---|---|---|
| (a) Continental United States (CONUS) | General Services Administration | For |
| (b) Non-foreign areas | Department of Defense ( | |
| (c) Foreign areas | Department of State | A |
§ 301-11.7 What determines my maximum per diem reimbursement rate?
Your TDY location determines your maximum per diem reimbursement rate. If you arrive at your lodging facility after 12 midnight, you claim lodging cost for the preceding calendar day. If no lodging is required, the applicable M&IE reimbursement rate is the rate for the TDY location. (See § 301-11.102.)
§ 301-11.8 What is the maximum per diem rate I will receive if lodging is not available at my TDY location?
If lodging is not available at your TDY location, your agency may authorize or approve the maximum per diem rate for the location where lodging is obtained.
§ 301-11.9 When does per diem or actual expense entitlement start/stop?
Your per diem or actual expense entitlement starts on the day you depart your home, office, or other authorized point and ends on the day you return to your home, office or other authorized point.
§ 301-11.10 Am I required to record departure/arrival dates and times on my travel claim?
You must record the date of departure from, and arrival at, the official station or any other place travel begins or ends. You must show this same information for points where you perform TDY or for a stopover or official rest stop location when the arrival or departure affects your per diem allowance or other travel expenses. You also should show the dates for other points visited. You do not have to record departure/arrival times, but you must annotate your travel claim when your travel is more than 12 hours but not exceeding 24 hours to reflect that fact.
§ 301-11.11 How do I select lodging and make lodging reservations?
(a) You must make your lodging reservations through your agency’s travel management service.
(b) You should always stay in a “fire safe” facility. This is a facility that meets the fire safety requirements of the Hotel and Motel Fire Safety Act of 1990 (the Act), as amended (see 5 U.S.C. 5707a).
(c) When selecting a commercial lodging facility, first consideration should be given to government lodging agreement programs such as FedRooms® (https://www.fedrooms.com). The advantages of obtaining lodging using the FedRooms® program are:
(1) Lodging rates are set at or below per diem rates;
(2) There are no add-on fees;
(3) The room cancellation deadline is 4 p.m. (or later) on the day of arrival;
(4) Most hotels offer last standard room availability rates;
(5) There are no early departure fees; and
(6) Rates are available using all booking channels (e.g., E-Gov Travel Service, Travel Management Service, FedRooms® Web site, and hotel reservation call centers). The FedRooms® rate code (XVU) must be entered to get the program benefits.
5 U.S.C. 5707a does not apply to the District of Columbia government.
§ 301-11.12 How does the type of lodging I select affect my reimbursement?
(a) Your agency will reimburse you for different types of lodging as follows:
(1) Conventional lodgings (hotel/motel, boarding house, etc.). You will be reimbursed the single occupancy rate.
(2) Government quarters. You will be reimbursed, as a lodging expense, the fee or service charge you pay for use of the quarters.
(3) Lodging with friend(s) or relative(s) (with or without charge). You may be reimbursed for additional costs your host incurs in accommodating you only if you are able to substantiate the costs and your agency determines them to be reasonable. You will not be reimbursed the cost of comparable conventional lodging in the area or a flat “token” amount.
(4) Nonconventional lodging. You may be reimbursed the cost of other types of lodging when there are no conventional lodging facilities in the area (e.g., in remote areas) or when conventional facilities are in short supply because of an influx of attendees at a special event (e.g., World’s Fair or international sporting event). Such lodging includes college dormitories or similar facilities or rooms not offered commercially but made available to the public by area residents in their homes.
(5) Recreational vehicle (trailer/camper). You may be reimbursed for expenses (parking fees, fees for connection, use, and disconnection of utilities, electricity, gas, water and sewage, bath or shower fees, and dumping fees) which may be considered as a lodging cost.
(b) Your agency will not reimburse you for:
(1) Personally-owned residence. You will not be reimbursed for any lodging expenses for staying at your personally-owned residence or for any real estate expenses associated with the purchase or sale of a personal residence at the TDY location, except in conjunction with an authorized relocation pursuant to chapter 302 of this title.
(2) Personally-owned recreational vehicle (trailer/camper). You will not be reimbursed any expenses associated with the purchase, sale or payment of a recreational vehicle or camper at the TDY location.
§ 301-11.13 How does sharing a room with another person affect my per diem reimbursement?
Your reimbursement is limited to one-half of the double occupancy rate if the person sharing the room is another Government employee on official travel. If the person sharing the room is not a Government employee on official travel, your reimbursement is limited to the single occupancy rate.
§ 301-11.14 How is my daily lodging rate computed when I rent lodging on a long-term basis?
When you obtain lodging on a long-term basis (e.g., weekly or monthly) your daily lodging rate is computed by dividing the total lodging cost by the number of days of occupancy for which you are entitled to per diem, provided the cost does not exceed the daily rate of conventional lodging. Otherwise the daily lodging cost is computed by dividing the total lodging cost by the number of days in the rental period. Reimbursement, including an appropriate amount for M&IE, may not exceed the maximum daily per diem rate for the TDY location.
§ 301-11.15 What expenses may be considered part of the daily lodging cost when I rent on a long-term basis?
When you rent a room, apartment, house, or other lodging on a long-term basis (e.g., weekly, monthly), the following expenses may be considered part of the lodging cost:
(a) The rental cost for a furnished dwelling; if unfurnished, the rental cost of the dwelling and the rental cost of appropriate and necessary furniture and appliances (e.g., stove, refrigerator, chairs, tables, bed, sofa, television, or vacuum cleaner);
(b) Cost of connecting/disconnecting and using utilities;
(c) Cost of reasonable maid fees and cleaning charges;
(d) Monthly telephone use fee (does not include installation and long-distance calls); and,
(e) If ordinarily included in the price of a hotel/motel room in the area concerned, the cost of special user fees (e.g., cable TV charges and plug-in charges for automobile head bolt heaters).
§ 301-11.16 What reimbursement will I receive if I prepay my lodging expenses and my TDY is curtailed, canceled or interrupted for official purposes or for other reasons beyond my control that are acceptable to my agency?
If you sought to obtain a refund or otherwise took steps to minimize the cost, your agency may reimburse expenses that are not refundable, including a forfeited rental deposit.
No. A meal provided by a common carrier or a complimentary meal provided by a hotel/motel does not affect your per diem.
§ 301-11.18 What M&IE rate will I receive if a meal(s) is furnished by the Government or is included in the registration fee?
(a) Except as provided in § 301-11.17 or in paragraph (b) of this section, your M&IE allowance must be adjusted for meals furnished to you by the Government (including meals furnished under the authority of chapter 304 of this title) by deducting the appropriate amount shown at https://www.gsa.gov/mie. For meals provided on the day of departure and the last day of travel, you must deduct the entire allocated meal cost from the decreased M&IE rate (see § 301-11.101). The total amount of deductions made will not cause you to receive less than the amount allowed for incidental expenses.
(b) Your agency, at its discretion, may allow you to claim the full M&IE allowance if:
(1) You are unable to consume the furnished meal(s) because of medical requirements or religious beliefs;
(2) In accordance with administrative procedures prescribed by your agency, you requested specific approval to claim the full M&IE allowance prior to your travel;
(3) In accordance with administrative procedures prescribed by your agency, you have made a reasonable effort to make alternative meal arrangements, but were unable to do so; and
(4) You purchase substitute meals in order to satisfy your medical requirements or religious beliefs.
(c) In your agency’s discretion, and in accordance with administrative procedures prescribed by your agency, you may also claim the full M&IE allowance if you were unable to take part in a Government-furnished meal due to the conduct of official business.
§ 301-11.19 How is my per diem calculated when I travel across the international dateline (IDL)?
When you cross the IDL your actual elapsed travel time will be used to compute your per diem entitlement rather than calendar days.
(a) Your agency may authorize a rest period not in excess of 24 hours at either an intermediate point or at your destination when:
(1) Either your origin or destination is OCONUS;
(2) Your scheduled flight time, including stopovers, exceeds 14 hours;
(3) Travel is by a direct or usually traveled route; and
(4) Travel is by coach class or premium economy class.
(b) When a rest stop is authorized the applicable per diem rate is the rate for the rest stop location.
(c) Your agency may authorize a rest period that exceeds 24 hours when no scheduled transportation service departs within 24 hours of your arrival at an intermediate point. To qualify for a rest period exceeding 24 hours, you must be scheduled to board the first available scheduled departure. Your agency will determine a reasonable additional length of time for any rest period exceeding 24 hours.
§ 301-11.21 Will I be reimbursed for per diem or actual expenses on leave or non-workdays (weekend, legal Federal Government holiday, or other scheduled non-workdays) while I am on official travel?
(a) In general, you will be reimbursed as long as your travel status requires your stay to include a non-workday, (e.g., if you are on travel through Friday and again starting Monday you will be reimbursed for Saturday and Sunday), however, your agency should determine the most cost effective situation (i.e., remaining in a travel status and paying per diem or actual expenses or permitting your return to your official station).
(b) Your agency will determine whether you will be reimbursed for non-workdays when you take leave immediately (e.g., Friday or Monday) before or after the non-workday(s).
If emergency travel is involved due to an incapacitating illness or injury, the rules in part 301-30 of this chapter govern.
§ 301-11.22 Am I entitled to per diem or actual expense reimbursement if I am required to return to my official station on a non-workday?
If required by your agency to return to your official station on a non-workday, you will be reimbursed the amount allowable for return travel.
§ 301-11.23 Are there any other circumstances when my agency may reimburse me to return home or to my official station for non-workdays during a TDY assignment?
Your agency may authorize per diem or actual expense and round-trip transportation expenses for periodic return travel on non-workdays to your home or official station under the following circumstances:
(a) The agency requires you to return to your official station to perform official business; or
(b) The agency will realize a substantial cost savings by returning you home; or
(c) Periodic return travel home is justified incident to an extended TDY assignment.
§ 301-11.24 What reimbursement will I receive if I voluntarily return home or to my official station on non-workdays during my TDY assignment?
If you voluntarily return home or to your official station on non-workdays during a TDY assignment, the maximum reimbursement for round trip transportation and per diem or actual expense is limited to what would have been allowed had you remained at the TDY location.
§ 301-11.25 Must I provide receipts to substantiate my claimed travel expenses?
Yes. You must provide a lodging receipt and a receipt for every authorized expense over $75, or provide a reason acceptable to your agency explaining why you are unable to furnish the necessary receipt(s) (see § 301-52.4 of this chapter).
Hard copy receipts should be electronically scanned and submitted with your electronic travel claim when your agency has fully deployed ETS and notifies you that electronic scanning is available within your agency (see § 301-50.3 of this chapter). You may submit a hard copy receipt, in accordance with your agency’s policies, to support a claimed travel expense only when electronic imaging is not available within your agency.
§ 301-11.26 How do I request a review of the per diem in a location?
If you travel to a location where the per diem rate is insufficient to meet necessary expenses, you may submit a request, containing pertinent lodging & meal cost data, through your agency’s Travel Manager asking that the location be reviewed. Depending on the location in question your agency’s Travel Manager may submit the review request to:
Table 1 to § 301-11.26
| For CONUS locations | For non-foreign area locations | For foreign area locations |
|---|---|---|
| General Services Administration, Office of Government-wide Policy, 1800 F St. NW, Washington, DC 20405 | Defense Travel Management Office, Attn: Policy and Regulations Division, 4800 Mark Center Drive, Suite 04J25-01, Alexandria, VA 22350-9000 | Director, Office of Allowances, Department of State, Annex 1, Suite L-314, Washington, DC 20522-0103. |
§ 301-11.27 Are taxes included in the lodging portion of the Government per diem rate?
No. Lodging taxes paid by you are reimbursable as a miscellaneous travel expense limited to the taxes on reimbursable lodging costs. For example, if your agency authorizes you a maximum lodging rate of $50 per night, and you elect to stay at a hotel that costs $100 per night, you can only claim the amount of taxes on $50, which is the maximum authorized lodging amount. This section is effective January 1, 1999, for CONUS locations and effective January 1, 2000, for non-foreign areas. For foreign areas, lodging taxes have not been removed from foreign per diem rates established by the Department of State. Separate claims for lodging taxes incurred in foreign areas are not allowed.
§ 301-11.28 As a traveler on official business, am I required to pay applicable lodging taxes?
Yes, unless exempted by the State or local jurisdiction.
§ 301-11.29 Are lodging facilities required to accept a generic federal, state or local tax exempt certificate?
Exemptions from taxes for Federal travelers, and the forms required to claim them, vary from location to location. The GSA SmartPay ® Program Support office provides more information regarding state tax exemptions on its Web site (https://smartpay.gsa.gov/content/state-tax-information) and by e-mail ([email protected]).
§ 301-11.30 What is my option if the Government lodging rate exceeds my lodging reimbursement?
(a) You may request reimbursement on an actual expense basis, not to exceed 300 percent of the maximum per diem allowance.
(b) Approval of actual expenses is usually in advance of travel and at the discretion of your agency. (See § 301-11.302.) Also, see § 301-70.201 for when an agency can issue a blanket actual expense authorization.
§ 301-11.31 Are laundry, cleaning and pressing of clothing expenses reimbursable?
Your agency may reimburse the expenses incurred for laundry, cleaning, and pressing of clothing as a miscellaneous travel expense for TDY within CONUS. However, you must incur a minimum of four consecutive nights lodging on official travel to qualify for this reimbursement. Laundry and dry cleaning expenses have not been removed from foreign per diem rates established by the Department of State, or from non-foreign area per diem rates established by the Department of Defense. Separate claims for laundry and dry cleaning expenses incurred in foreign areas and non-foreign areas are not allowed.
§ 301-11.32 May I be reimbursed for an advance room deposit in situations where a lodging facility requires the payment of a deposit, prior to the beginning of my scheduled official travel?
Yes, your agency may reimburse you for an advance room deposit, when such a deposit is required by the lodging facility to secure a room reservation, prior to the beginning of your scheduled official travel. However, if you are reimbursed the advance room deposit, but fail to perform the scheduled official travel for reasons not acceptable to your agency, resulting in forfeit of the deposit, you are indebted to the Government for that amount and must repay it in a manner prescribed by your agency.
Subpart B—Lodgings-Plus Per Diem
§ 301-11.100 What will I be paid for lodging under Lodgings-plus per diem?
When travel is more than 12 hours and overnight lodging is required you are reimbursed your actual lodging cost not to exceed the maximum lodging rate for the TDY location or stopover point.
§ 301-11.101 What allowance will I be paid for M&IE?
(a) Except as provided in paragraph (b) of this section, your allowance is as shown in the following table:
| When travel is | Your allowance is | |
|---|---|---|
| More than 12 but less than 24 hours | 75 percent of the applicable M&IE rate for each calendar day you are in a travel status. | |
| 24 hours or more, on | The day of departure | 75 percent of the applicable M&IE rate. |
| Full days of travel | 100 percent of the applicable M&IE rate. | |
| The last day of travel | 75 percent of the applicable M&IE rate. |
(b) If you travel by ship, either commercial or Government, your agency will determine an appropriate M&IE rate within the applicable maximum rate allowable.
§ 301-11.102 What is the applicable M&IE rate?
| For days of travel which | Your applicable M&IE rate is | |
|---|---|---|
| Require lodging | The M&IE rate applicable for the TDY location or stopover point. | |
| Do not require lodging, and | Travel is more than 12 hours but less than 24 hours | The M&IE rate applicable to the TDY site (or the highest M&IE rate applicable when multiple locations are involved). |
| Travel is 24 hours or more, and you are traveling to a new TDY site or stopover point at midnight | The M&IE rate applicable to the new TDY site or stopover point. | |
| Travel is 24 hours or more, and you are returning to your official station | The M&IE rate applicable to the previous day of travel. |
Subpart C—Reduced Per Diem
§ 301-11.200 Under what circumstances may my agency prescribe a reduced per diem rate lower than the prescribed maximum?
Under the following circumstances:
(a) When your agency can determine in advance that lodging and/or meal costs will be lower than the per diem rate; and
(b) The lowest authorized per diem rate must be stated in your travel authorization in advance of your travel.
Subpart D—Actual Expense
§ 301-11.300 When is actual expense reimbursement warranted?
When:
(a) Lodging and/or meals are procured at a prearranged place such as a hotel where a meeting, conference or training session is held;
(b) Costs have escalated because of special events (e.g., missile launching periods, sporting events, World’s Fair, conventions, natural or manmade disasters); lodging and meal expenses within prescribed allowances cannot be obtained nearby; and costs to commute to/from the nearby location consume most or all of the savings achieved from occupying less expensive lodging;
(c) The TDY location is subject to a Presidentially-Declared Disaster and your agency has issued a blanket actual expense authorization for the location (see § 301-70.201);
(d) Because of mission requirements; or
(e) Any other reason approved within your agency.
Any official designated by the head of your agency (see § 301-70.201 for when an agency can issue a blanket actual expense authorization).
Request for authorization for reimbursement under actual expense should be made in advance of travel. However, subject to your agency’s policy, after the fact approvals may be granted when supported by an explanation acceptable to your agency. Also, your agency can issue a blanket actual expense authorization under § 301-70.201.
§ 301-11.303 What is the maximum amount that I may be reimbursed under actual expense?
The maximum amount that you may be reimbursed under actual expense is limited to 300 percent (rounded to the next higher dollar) of the applicable maximum per diem rate. However, subject to your agency’s policy, a lesser amount may be authorized.
When authorized actual expense and your expenses are less than the locality per diem rate or the authorized amount, reimbursement is limited to the expenses incurred.
§ 301-11.305 What if my actual expenses exceed the 300 percent ceiling?
Your reimbursement is limited to the 300 percent ceiling. There is no authority to exceed this ceiling.
§ 301-11.306 What expenses am I required to itemize under actual expense?
You must itemize all expenses, including meals, (each meal must be itemized separately) for which you will be reimbursed under actual expense. However, expenses that do not accrue daily (e.g., laundry, dry cleaning, etc.) may be averaged over the number of days your agency authorizes/approves actual expenses. Receipts are required for lodging, regardless of amount and any individual meal when the cost exceeds $75. Your agency may require receipts for other allowable per diem expenses, but it must inform you of this requirement in advance of travel. When your agency limits M&IE reimbursement to either the prescribed maximum M&IE rate for the locality concerned or a reduced M&IE rate, it may or may not require M&IE itemization at its discretion.
Subpart E [Reserved]
Subpart F—Income Tax Reimbursement Allowance (ITRA), Tax Years 1995 and Thereafter
General
§ 301-11.601 What is a taxable extended TDY assignment?
A taxable extended TDY assignment is a TDY assignment that continues for so long that, under the IRC the employee is no longer considered temporarily away from home during any period of employment if such period exceeds 1 year. You are no longer temporarily away from home as of the date that you and/or your agency recognize that your assignment will exceed one year. That is, as soon as you recognize that your assignment will exceed one year, you must notify your agency of that fact, and they must change your status immediately. Similarly, as soon as your agency recognizes that your assignment will exceed one year, your agency must notify you of that fact and change your status. The effective date of this status change is the date on which it was recognized that you are no longer temporarily away from home as defined in the IRC.
(a) If you believe that your temporary duty assignment may exceed one year, you should carefully study IRS Publication 463, “Travel, Entertainment, Gift, and Car Expenses,” to determine whether you are or will be considered “temporarily away from home” under this provision. If you are not or will not be considered temporarily away from home under this provision, then you are on taxable extended TDY.
(b) The IRC makes an exception for certain Federal personnel involved in investigation or prosecution of a Federal crime during any period for which such employee is certified by the Attorney General (or the designee thereof) as traveling on behalf of the United States in temporary duty status to investigate or prosecute, or provide support services for the investigation or prosecution of, a Federal crime.
Your agency should consider the factors discussed in § 302-3.502 of this subtitle in determining whether to authorize extended TDY.
§ 301-11.603 What are the tax consequences of extended TDY?
(a) If you are on a taxable extended TDY assignment, then all allowances and reimbursements for travel expenses, plus all travel expenses that the Government pays directly on your behalf in connection with your TDY assignment, are taxable income to you. This includes all allowances, reimbursements, and direct payments to vendors from the day that you or your agency recognized that your extended TDY assignment is expected to exceed one year, as explained in § 301-11.601.
(b) Your agency will reimburse you for substantially all of the income taxes that you incur as a result of your taxable extended TDY assignment. This reimbursement consists of two parts:
(1) The Withholding Tax Allowance (WTA). See Part 302-17, Subpart B of this Subtitle for information on the WTA; and
(2) The “Extended TDY Tax Reimbursement Allowance” (ETTRA) (in previous editions of the FTR this was known as the “Income Tax Reimbursement Allowance”).
(c) The WTA and ETTRA for taxable extended TDY assignments cover only the TDY benefits described in FTR Chapter 301, Subchapter B. On an extended TDY assignment, you are not eligible for the other benefits that you would have received if your agency had permanently relocated you.
§ 301-11.604 What are the procedures for calculation and reimbursement of my WTA and ETTRA for taxable extended TDY?+
(a) If your agency knows from the beginning of your TDY assignment that your assignment qualifies as taxable extended TDY, then your agency will withhold an amount as a WTA and pay that as withholding tax to the IRS until your extended TDY assignment ends. The WTA itself is taxable income to you, so your agency increases, or “grosses-up,” the amount of the WTA, using a formula to reimburse you for the additional taxes on the WTA.
(b) If your agency realizes during a TDY assignment that you will incur taxes (because, for example, the TDY assignment has lasted, or is going to last, longer than originally intended), then your agency will compute the WTA for all taxable benefits received since the date it was recognized that you are no longer “temporarily away from home” (see § 302-11.601 for more information on the meaning of “temporarily away from home”). Your agency will pay that amount to the IRS, and then will begin paying WTA to the IRS until your extended TDY assignment ends.
(c) For your ETTRA, your agency will use the same one-year or two-year process that it has chosen to use for the relocation income tax allowance (RITA).
(d) See part 302-17 of this subtitle for additional information on the WTA and RITA processes.
If your agency offers you the choice, the WTA is optional to you. See §§ 302-17.61 through 302-17.69.
§ 301-11.605 When should I file my “Statement of Income and Tax Filing Status” for my taxable extended TDY assignment?
You should file your “Statement of Income and Tax Filing Status” for your taxable extended TDY assignment at the beginning of your extended TDY assignment, or as soon as you or your agency realizes that your TDY assignment will incur taxes. You should provide the same information as the sample “Statements of Income and Tax Filing Status” shown in part 302-17, subpart F (one-year process) or subpart G (two-year process) of this subtitle.
PART 301-12—MISCELLANEOUS EXPENSES
§ 301-12.1 What miscellaneous expenses are reimbursable?
When the following items have been authorized or approved by your agency, they will be reimbursed as a miscellaneous expense. Taxes for reimbursable lodging are deemed approved when lodging is authorized. Examples of such expenses include, but are not limited to the following:
| General expenses | Fees to obtain money | Special expenses of foreign travel |
|---|---|---|
| Baggage expenses as described in § 301-12.2. | Fees for travelers checks | Commissions on conversion of foreign currency. |
| Services of guides, interpreters, and drivers. | Fees for money orders | Passport and/or visa fees, including fees for a physical examination if one is required to obtain a passport and/or visa and such examination could not be obtained at a Government facility. Reimbursement for such fees may include travel and transportation costs to the passport/visa issuing office if located outside the local commuting area of the employee’s official station and the traveler’s presence at that office is mandatory. |
| Services of an attendant as described in § 301-13.3. | ||
| Use of computers, printers, faxing machines, and scanners. | Fees for certified checks | Costs of photographs for passports and visas. |
| Services of typists, data processors, or stenographers. | Transaction fees for use of automated teller machines (ATMs)-Government contractor-issued charge card | Foreign country exit fees. |
| Services of an attendant as described in § 301-13.3. | Costs of birth, health, and identity certificates. | |
| Storage of property used on official business. | Charges for inoculations that cannot be obtained through a Federal dispensary. | |
| Hire of conference center room or hotel room for official business. | ||
| Official telephone calls/service (see note). | ||
| Faxes, telegrams, cablegrams, or radiograms. | ||
| Lodging taxes as prescribed in § 301-11.27. | ||
| Laundry, cleaning and pressing of clothing expenses as prescribed in § 301-11.31. | ||
| Energy surcharge and lodging resort fee(s) (when such fee(s) is/are not optional). |
You should use Government provided services for all official communications. When they are not available, commercial services may be used. Reimbursement may be authorized or approved by your agency.
§ 301-12.2 What baggage expenses may my agency pay?
Your agency may reimburse expenses related to baggage as follows:
(a) Transportation charges for authorized excess;
(b) Necessary charges for transferring baggage;
(c) Necessary charges for storage of baggage when such charges are the result of official business;
(d) All fees pertaining to the first checked bag. In addition, charges relating to the second and subsequent bags may be reimbursed when the agency determines those expenses necessary and in the interest of the Government (see §§ 301-70.300, 301-70.301). Travelers should verify their agency’s current policies and procedures regarding excess baggage prior to traveling; and
(e) Charges or tips at transportation terminals for handling Government property carried by the traveler.
PART 301-13—TRAVEL OF AN EMPLOYEE WITH SPECIAL NEEDS
§ 301-13.1 What is the policy for paying additional travel expenses incurred by an employee with a special need?
To provide reasonable accommodations to an employee with a special need by paying for additional travel expenses incurred.
§ 301-13.2 Under what conditions will my agency pay for my additional travel expense(s) under this part?
When an additional travel expense is necessary to accommodate a special physical need which is either:
(a) Clearly visible and discernible; or
(b) Substantiated in writing by a competent medical authority.
§ 301-13.3 What additional travel expenses may my agency pay under this part?
Your agency approving official may pay for any expenses deemed necessary by your agency to accommodate your special need including, but not limited to, the following expenses:
(a) Transportation and per diem expenses incurred by a family member or other attendant who must travel with you to make the trip possible;
(b) Specialized transportation to, from, and/or at the TDY duty location;
(c) Specialized services provided by a common carrier to accommodate your special need;
(d) Costs for handling your baggage that are a direct result of your special need;
(e) Renting and/or transporting a wheelchair;
(f) Other than coach class accommodations to accommodate your special need, under subpart B of part 301-10 of this subchapter; and
(g) Services of an attendant, when necessary, to accommodate your special need.
For limits on the amount that may be paid to an attendant, other than travel expenses, see 5 U.S.C. 3102 and guidance at https://www.opm.gov/FAQs.
PART 301-30—EMERGENCY TRAVEL
§ 301-30.1 What is emergency travel?
Travel which results from:
(a) Your becoming incapacitated by illness or injury not due to your own misconduct; or
(b) The death or serious illness of a member of your family; or
(c) A catastrophic occurrence or impending disaster, such as fire, flood, or act of God, which directly affects your home.
§ 301-30.2 What is considered to be “family” with respect to emergency travel?
“Family” includes any member of your immediate family, as defined in § 300-3.1. However, your agency may, on a case-by-case basis, expand this definition to include other members of your and/or your spouse’s or domestic partner’s extended family.
§ 301-30.3 What should I do if I have to interrupt or discontinue my TDY travel?
Contact your travel authorizing/approving official for instructions as soon as possible.
§ 301-30.4 When an illness or injury occurs on TDY, what expenses may be allowed?
Your agency may pay:
(a) Per diem at the location where you incurred or were treated for incapacitating illness or injury for a reasonable period of time (generally 14 calendar days). However, your agency may pay for a longer period.
(b) Transportation and per diem expense for travel to an alternate location to receive medical treatment.
(c) Transportation and per diem expense to return to your official station.
(d) Transportation costs of a medically necessary attendant.
§ 301-30.5 Are there any limitations to the payment of these expenses?
Expenses are not payable when:
(a) Confined to:
(1) A medical facility within the proximity of your official station.
(2) The same medical facility you would have been admitted to if your incapacitating illness or injury occurred at your official station.
(b) The Government provides or reimburses you for hospitalization under any Federal statute (including hospitalization in a Department of Veterans Affairs (VA) Medical center or military hospital). However, per diem expenses are payable if your hospitalization is paid under the Federal Employees Health Benefits Program (5 U.S.C. 8901-8913).
PART 301-31—THREATENED LAW ENFORCEMENT/INVESTIGATIVE EMPLOYEES
§ 301-31.1 Why pay subsistence and transportation expenses for threatened law enforcement/investigative employees?
To protect a law enforcement/investigative employee and the employee’s immediate family when their lives are placed in jeopardy as a result of the employee’s assigned duties.
§ 301-31.2 What is “family” with respect to threatened law enforcement/investigative employees?
Generally, “family” includes any member of your immediate family, as defined in § 300-3.1 of this title. However, your agency may, on a case-by-case basis, expand this definition to include other members of you and/or your spouse’s or domestic partner’s extended family.
§ 301-31.3 Are members of my family and I eligible for payment of subsistence and transportation expense?
Yes, if you serve in a law enforcement, investigative, or similar capacity for special law enforcement/investigative purposes and your agency authorizes such expenses.
§ 301-31.4 Must my agency pay transportation and subsistence expenses?
No. Your agency decides when it is appropriate to pay these expenses based on the nature of the threat against your life and/or the life of a member(s) of your immediate family.
§ 301-31.5 Under what conditions may my agency pay for transportation and subsistence expenses?
When your agency determines that a threat against you or a member(s) of your immediate family justifies moving you and/or your family to temporary living accommodations at or away from your official station.
§ 301-31.6 Where must I and/or my family obtain lodging?
Your agency designates the area where you and/or your family should obtain lodging. It may be within your official station or at an alternate location.
§ 301-31.7 May my family and I occupy lodging at different locations?
Yes, if authorized by your agency.
§ 301-31.8 What transportation expenses may my agency pay?
Your agency may pay transportation expenses authorized by part 301-10 of this chapter to transport you and/or your family to/from a temporary location.
§ 301-31.9 What subsistence expense may my agency pay?
Only your lodging cost may be paid. However, your agency may pay for meals and laundry/cleaning expenses if:
(a) Your temporary living accommodations do not have kitchen or laundry facilities; or
(b) Your agency determines that other extenuating circumstances exist which necessitate payment of these expenses.
§ 301-31.10 How will my agency pay my subsistence expenses?
Your agency will pay your actual subsistence expenses not to exceed the “maximum allowable amount” for the period you or your family occupy temporary living accommodations. The “maximum allowable amount” is the “maximum daily amount” multiplied by the number of days you or your family occupy temporary living accommodations not to exceed the number of days authorized. The “maximum daily amount” is determined by adding the rates in the following table for you and each member of your family authorized to occupy temporary living accommodations:
| If your agency authorizes | The “maximum daily amount” of per diem expenses that | ||
|---|---|---|---|
| You or your unaccompanied spouse, domestic partner or other unaccompanied family member may receive is | Your accompanied spouse, domestic partner or a member of your family who is age 12 or older may receive is | A member of your family who is under age 12 may receive is | |
| Payment of only lodging expenses | The maximum lodging amount applicable to the locality | .75 times the maximum lodging amount applicable to the locality | .5 times the maximum lodging amount applicable to the locality. |
| Payment for lodging, meals, and other per diem expenses | The maximum per diem rate applicable to the locality | .75 times the maximum per diem rate applicable to the locality. | .5 times the maximum per diem rate applicable to the locality. |
§ 301-31.11 May my agency pay me a per diem allowance instead of actual expenses?
No.
§ 301-31.12 Must I keep track of my expenses?
Yes. You must keep track of your actual expenses as described in part 301-11 of this chapter.
§ 301-31.13 How long may my agency pay for subsistence expenses under this part?
Your agency may pay for subsistence expenses up to 60 days. However, your agency may pay for additional periods if it determines that an extension is justified.
§ 301-31.14 May I receive a travel advance for transportation and/or subsistence expenses?
Yes, you may receive a travel advance under § 301-51.200 of this chapter for up to a 30-day period at a time to cover expenses allowable. Your travel advance may not exceed the maximum allowable amount authorized under § 301-31.10, and you will be required to reimburse your agency for any portion of the advance disallowed or not spent.
§ 301-31.15 What documentation must I provide for reimbursement?
You must provide receipts or any other documentation required by your agency. However, in instances when documentation might compromise the security of the individuals involved, the head of the agency may waive these requirements.
SUBCHAPTER C—ARRANGING FOR TRAVEL SERVICES, PAYING TRAVEL EXPENSES, AND CLAIMING REIMBURSEMENT
PART 301-50—ARRANGING FOR TRAVEL SERVICES
§ 301-50.1 To whom do the pronouns “I”, “you”, and their variants throughout this part refer?
In this part, the pronouns “I”, “you”, and their variants refer to the employee.
§ 301-50.2 How must I arrange my travel?
You must arrange your travel as designated by your agency and in accordance with this part.
§ 301-50.3 Must I use the ETS or TMS to arrange my travel?
Yes, if you are an employee of an agency as defined in § 301-1.1 of this chapter, you must use the E-Gov Travel Service when your agency makes it available to you. Until then, you must use your agency’s existing Travel Management Service (TMS) to make your travel arrangements. If you are an employee of the Department of Defense (DoD) or of the Government of the District of Columbia, you must arrange your travel in accordance with your agency’s TMS. Your agency may grant an exception to required use of TMS/ETS under § 301-50.4, § 301-73.102, or § 301-73.104 of this chapter.
§ 301-50.4 May I be granted an exception to the required use of TMS or ETS once my agency has fully deployed ETS?
Yes, your agency head or their designee may grant an individual case exception to required use of your agency’s current TMS or to required use of ETS once your agency has fully deployed ETS, but only when your travel meets one of the following conditions:
(a) Such use would result in an unreasonable burden on mission accomplishment (e.g., emergency travel is involved and TMS/ETS is not accessible; you are performing invitational travel; or you have special needs or require disability accommodations under part 301-13 of this chapter).
(b) Such use would compromise a national security interest.
(c) Such use might endanger your life (e.g., you are traveling under the Federal witness protection program, or you are a threatened law enforcement/investigative officer traveling under part 301-31 of this chapter).
§ 301-50.5 What is my liability if I do not use my agency’s TMS or the E-Gov Travel Service, and an exception has not been approved?
If you do not have an approved exception under § 301-50.4 or § 301-73.104 of this chapter, you are responsible for any additional costs resulting from the failure to use the TMS or E-Gov Travel Service, including service fees, cancellation penalties, or other additional costs (e.g., higher airfares, rental car charges, or hotel rates). In addition, your agency may take appropriate disciplinary action.
§ 301-50.6 What is an “online self-service booking tool?”
An online self-service booking tool is an Internet based system that permits travelers to make their own reservations for transportation (e.g., air, rail, and car rental) and lodging. ETS and some agency TMS’s incorporate a self service booking tool.
§ 301-50.7 Should I use the online self-service booking tool once ETS is available within my agency?
Yes, you should use the online self-service booking tool offered by ETS or your agency’s TMS until ETS becomes available to you.
Some extenuating circumstances for which you may not be able to use online self-service booking are (1) when you are attending a conference where the conference sponsor has negotiated with one or more lodging facilities to set aside a specific number of rooms for conference attendees and to ensure that a set aside room is available to you, you are required to book lodging directly with the lodging facility, (2) when your travel is to a remote location and it is not possible to book lodging accommodations through the TMS or ETS, or (3) when such travel arrangements are so complex and circumstance will not allow you to book your travel through an online self-service booking tool.
PART 301-51—PAYING TRAVEL EXPENSES
Subpart A—General
§ 301-51.1 How must I use the Government contractor-issued travel charge card?
You are required to activate the Government contractor-issued travel charge card once you receive it, and then use it as the method of payment for all official travel expenses unless exempted under § 301-51.2.
§ 301-51.2 Are there any official travel expenses that are exempt from the mandatory use of the Government contractor-issued travel charge card?
Expenses for which payment through the Government contractor-issued travel charge card is impractical (e.g., vendor does not accept credit cards) or imposes unreasonable burdens or costs (e.g., fees are charged for using the card) are exempt from use of the travel charge card. Your agency may also exempt an official travel expense when it is necessary in the interest of the agency (see § 301-51.4).
§ 301-51.3 What classes of employees are exempt from mandatory use of the Government contractor-issued travel charge card?
The Administrator of General Services exempts the following classes of employees from mandatory use of the Government contractor-issued travel charge card:
(a) Any employee who has an application pending for the Government contractor-issued travel charge card;
(b) Any employee, when issuance of the Government contractor-issued travel charge card would adversely affect the mission or put the employee at risk; and
(c) Any employee who is not eligible to receive a Government contractor-issued travel charge card.
The head of your agency or their designee(s) has (have) the authority to grant exemptions from the mandatory use of the Government contractor-issued travel charge card.
§ 301-51.5 If my agency grants an exemption, does that prevent me from using the card on a voluntary basis?
No, an exemption from use would not prevent you from using the Government contractor-issued travel charge card on a voluntary basis in accordance with your agency’s policy.
§ 301-51.6 How may I pay for official travel expenses if I receive an exemption from use of the Government contractor-issued travel charge card?
If you receive an exemption from use of the Government contractor-issued travel charge card, your agency may authorize one or a combination of the following methods of payment:
(a) Personal funds, including cash or personal charge card;
(b) Travel advances; or
(c) Government Transportation Request (GTR).
City pair contractors are not required to accept payment by the methods in paragraph (a) or (b) of this section.
§ 301-51.7 For what purposes may I use the Government contractor-issued travel charge card while on official travel?
You are required to use the Government contractor-issued travel charge card for expenses directly related to your official travel.
§ 301-51.8 May I use the Government contractor-issued travel charge card for personal reasons while on official travel?
No, you may not use the Government contractor-issued travel charge card for personal reasons while on official travel.
§ 301-51.9 What are the consequences if I misuse the Government contractor-issued travel charge card on official travel?
Your agency may take appropriate disciplinary action if you misuse the Government contractor-issued travel charge card according to internal agency policies and procedures.
Subpart B—Paying for Common Carrier Transportation
§ 301-51.100 What method of payment must I use to procure common carrier transportation?
You must use a Government contractor-issued individually billed travel card, centrally billed account, or GTR to procure contract passenger transportation services. For all other common carrier transportation, you must use one of the methods specified in the following table:
| For passenger transportation services costing | You must use | Unless |
|---|---|---|
| (a) $10 or less, and air excess baggage charges of $15 or less for each leg of a trip | A Government contractor-issued individually billed travel card or centrally billed account | Use of the Government contractor-issued individually billed travel card is not accepted, its use is impracticable or special circumstances justify the use of a GTR. |
| (b) More than $10, but not more than $100 | A Government contractor-issued individually billed travel card, centrally billed account, or GTR | None of the other methods are practicable, you may use cash. |
| (c) More than $100 | Only a Government contractor-issued individually billed travel card, centrally billed account, or GTR | Your agency authorizes you to use a reduced fare for group, charter, or excursion arrangements or under emergency circumstances where the use of other methods is not possible. |
§ 301-51.101 Which payment methods are considered the equivalent of cash?
Use of one of the following payment methods of this section to procure common carrier transportation is considered the equivalent of cash and you must comply with the rules in 41 CFR 102-118.50 that limit the use of cash for such purposes.
(a) Personal credit cards;
(b) Cash withdrawals obtained from an ATM using a Government contractor-issued individually billed travel card; and
(c) Checks, both personal and travelers (including those obtained through a travel payment system services program).
If you are a new employee or an invitational or infrequent traveler who is unaware of proper procedures for purchasing common carrier transportation, your agency may allow reimbursement for the full cost of the transportation. In all other instances, your reimbursement will be limited to the cost of such transportation using the authorized method of payment.
§ 301-51.103 What is my liability if I lose a GTR?
You are liable for any Government expenditure that is caused by your negligence in safeguarding the GTR or tickets received in exchange for the GTR. To avoid liability, immediately report a lost or stolen GTR to your administrative office. If the lost or stolen GTR shows the carrier service desired, and point of origin, promptly notify in writing the named carrier and other local initial carriers. Do not use a GTR that is recovered after having been reported as lost or stolen. Instead, report the recovered GTR to your administrative office.
Subpart C—Receiving Travel Advances
§ 301-51.200 For what expenses may I receive a travel advance?
| For | You may receive an advance |
|---|---|
| (a) Cash transaction expenses ( | Any time you are on official travel. |
| (1) M&IE covered by the per diem allowance or actual expenses allowance; | |
| (2) Miscellaneous transportation expenses such as transit systems and taxi fares; parking fees; ferry fees; bridge, road, and tunnel fees; and aircraft parking, landing, and tie-down fees; | |
| (3) Fuel and other variable expenses covered by the mileage allowance for advantageous use of a privately owned automobile for official business; and | |
| (4) Other authorized miscellaneous expenses that cannot be charged using a Government contractor-issued charge card and for which a cost can be estimated. | |
| (b) Non-cash transaction expenses (e.g., lodging, common carrier, advance payment of discounted conference registration fee) | Only in the following situations: |
| (1) Government contractor-issued charge card not expected to be accepted. | |
| (2) | |
| (3) | |
| (4) Financial hardship would be incurred. |
§ 301-51.201 What is the maximum amount that my agency may advance?
The amount your agency advances you may not exceed the following amounts:
| For | The maximum amount your agency may advance is |
|---|---|
| Cash transaction expenses | The estimated amount of your cash transaction expenses. (For M&IE, your advance is limited to the M&IE rate under the lodgings-plus per diem method.) |
| Non-cash transaction expenses (See § 301-51.200(b)) | Generally zero. However, your agency may advance up to the full amount of your expected non-cash transaction expenses for an individual trip (or not to exceed a 45-day period for an open authorization) in accordance with § 301-51.200(b). |
§ 301-51.202 When must I account for my advance?
You must file a travel claim which accounts for your advance after completion of your assignment, in accordance with your agency’s policy. If you are in a continuous travel status (e.g., an auditor or inspector) or if you submit periodic reimbursement vouchers on an individual trip authorization, your agency may reimburse you the full amount of your travel expenses without any deduction of your advance until such time as you file a final voucher. If the amount advanced is less than the amount of the voucher on which it is deducted, you will be reimbursed the net amount. If the advance exceeds the reimbursable amount, you must immediately refund the excess.
§ 301-51.203 What must I do about my advance if my trip is canceled or postponed indefinitely?
Promptly notify the appropriate agency officials and refund any monies advanced in connection with the authorized travel.
PART 301-52—CLAIMING REIMBURSEMENT
§ 301-52.1 Must I file a travel claim?
Yes.
§ 301-52.2 What information must I provide in my travel claim?
You must provide the following:
(a) An itemized list of expenses and other information (specified in the listing of required standard data elements contained in appendix C of this chapter, and any additional information your agency may specifically require), except:
(1) You may aggregate official travel-related expenses incurred at the TDY location for authorized telephone calls, transit system fares, and parking meter fees, except any individual expenses costing over $75 must be listed separately;
(2) When you are authorized lodgings-plus per diem, you must state the M&IE allowance on a daily basis;
(3) When you are authorized a reduced per diem, you must state the reduced rate your agency authorizes on a daily basis; and
(4) When your agency limits M&IE reimbursement to the prescribed maximum M&IE for the locality concerned, you must state the reduced rate on a daily basis.
(5) Your agency may or may not require itemization of M&IE when reimbursement is limited to either the maximum M&IE locality rate or a reduced M&IE rate is authorized.
(b) The type of leave and the number of hours of leave for each day;
(c) The date of arrival and departure from the TDY station and any non-duty points visited when you travel by an indirect route other than a stopover to change planes or embark/disembark passengers;
(d) A signed statement, “I hereby assign to the United States any rights I may have against other parties in connection with any reimbursable carrier transportation charges described herein,” when you use cash to pay for common carrier transportation.
§ 301-52.3 Am I required to file a travel claim in a specific format and must the claim be signed?
As soon as your agency fully deploys the E-Gov Travel Service (ETS), you must use the ETS to file all your travel claims. (Agencies are required to fully deploy the ETS no later than September 30, 2006.) Until that time, you must file your travel claim in the format prescribed by your agency. If the prescribed travel claim is hardcopy, the claim must be signed in ink. Any alterations or erasures to your hardcopy travel claim must be initialed. If your agency has electronic processing, use your electronic signature where required.
§ 301-52.4 What must I provide with my travel claim?
You must provide:
(a) Evidence of your necessary travel authorizations including any necessary special authorizations;
(b) Receipts for:
(1) Any lodging expense;
(2) Any other expense costing over $75. If it is impracticable to furnish receipts in any instance as required by this subtitle, the failure to do so must be fully explained on the travel voucher. Mere inconvenience in the matter of taking receipts will not be considered; and
(3) Receipts must be retained for 6 years as prescribed by the National Archives and Records Administration (NARA) under General Records Schedule 1.1, item 010 (https://www.archives.gov/files/records-mgmt/grs/grs01-1.pdf).
§ 301-52.5 Is there any instance where I am exempt from the receipt requirement in § 301-52.4?
Yes, your agency may exempt an expenditure from the receipt requirement because the expenditure is confidential.
§ 301-52.6 How do I submit a travel claim?
You must submit your travel claim in accordance with administrative procedures prescribed by your agency.
§ 301-52.7 When must I submit my travel claim?
Unless your agency administratively requires you to submit your travel claim within a shorter timeframe, you must submit your travel claim as follows:
(a) Within 5 working days after you complete your trip or period of travel; or
(b) Every 30 days if you are on continuous travel status.
§ 301-52.8 May my agency disallow payment of a claimed item?
Yes, if you do not:
(a) Provide proper itemization of an expense;
(b) Provide receipt or other documentation required to support your claim; and
(c) Claim an expense which is not authorized.
§ 301-52.9 What will my agency do when it disallows an expense?
Your agency will disallow your claim for that expense, issue you a notice of disallowance, and pay your claim for those items which are not disallowed.
§ 301-52.10 May I challenge my agency’s disallowance of my claim?
Yes, you may request reconsideration of your claim if you have additional facts or documentation to support your request for reconsideration.
§ 301-52.11 What must I do to challenge a disallowed claim?
You must:
(a) File a new claim.
(b) Provide full itemization for all disallowed items reclaimed.
(c) Provide receipts for all disallowed items reclaimed that require receipts, except that you do not have to provide a receipt if your agency already has the receipt.
(d) Provide a copy of the notice of disallowance.
(e) State the proper authority for your claim if you are challenging your agency’s application of the law or statute.
(f) Follow your agency’s procedures for challenging disallowed claims.
(g) If after reconsideration by your agency your claim is still denied, you may submit your claim for adjudication to the Civilian Board of Contract Appeals in accordance with 48 CFR part 6104.
§ 301-52.12 What happens if I attempt to defraud the Government?
(a) You forfeit reimbursement pursuant to 28 U.S.C. 2514; and
(b) You may be subject under 18 U.S.C. 287 and 1001 to one, or both, of the following:
(1) A fine of not more than $10,000, or
(2) Imprisonment for not more than 5 years.
§ 301-52.13 Should I keep itemized records of my expenses while on travel?
Yes. You will find it helpful to keep a record of your expenses by date of the expense to aid you in preparing your travel claim or for tax purposes.
§ 301-52.14 What must I do with any travel advance outstanding at the time I submit my travel claim?
You must account for the travel advance in accordance with your agency’s procedures.
§ 301-52.15 What must I do with any passenger coupon for transportation costing over $75, purchased with cash?
You must submit the passenger coupons to your agency in accordance with your agency’s procedures.
§ 301-52.16 What must I do with any unused tickets, coupons, or other evidence of refund?
You must submit any unused tickets, coupons, or other evidence of refund to your agency in accordance with your agency’s procedures.
§ 301-52.17 Within how many calendar days after I submit a proper travel claim must my agency reimburse my allowable expenses?
Your agency must reimburse you within 30 calendar days after you submit a proper travel claim to your agency’s designated approving office. Your agency must ensure that it uses a satisfactory recordkeeping system to track submission of travel claims. For example, travel claims submitted by mail, in accordance with your agency’s policy, could be annotated with the time and date of receipt by your agency. Your agency could consider travel claims electronically submitted to the designated approving office as submitted on the date indicated on an e-mail log, or on the next business day if submitted after normal working hours. However, claims for the following relocation allowances are exempt from this provision:
(a) Transportation and storage of household goods and professional books, papers and equipment;
(b) Transportation of mobile home;
(c) Transportation of a privately owned vehicle;
(d) Temporary quarters subsistence expense, when not paid as lump sum;
(e) Residence transaction expenses;
(f) Relocation income tax allowance;
(g) Use of a relocation services company;
(h) Home marketing incentive payments; and
(i) Allowance for property management services.
§ 301-52.18 Within how many calendar days after I submit a travel claim must my agency notify me of any error that would prevent payment within 30 calendar days after submission?
Your agency must notify you as soon as practicable after you submit your travel claim of any error that would prevent payment within 30 calendar days after submission and must provide the reason(s) why your travel claim is not proper. However, not later than May 1, 2002, agencies must achieve a maximum time period of seven working days for notifying you that your travel claim is not proper.
§ 301-52.19 Will I receive a late payment fee if my agency fails to reimburse me within 30 calendar days after I submit a proper travel claim?
Yes, your agency must pay you a late payment fee, in addition to the amount due you, for any proper travel claim not reimbursed within 30 calendar days of your submission of it to the approving official.
§ 301-52.20 How are late payment fees calculated?
Your agency must either:
(a) Calculate late payment fees using the prevailing Prompt Payment Act Interest Rate beginning on the 31st day after submission of a proper travel claim and ending on the date on which payment is made; or
(b) Reimburse you a flat fee of not less than the prompt payment amount, based on an agencywide average of travel claim payments; and
(c) In addition to the fee required by paragraphs (a) and (b) of this section, your agency must also pay you an amount equivalent to any late payment charge that the card contractor would have been able to charge you had you not paid the bill.
§ 301-52.21 Is there a minimum amount the late payment fee must exceed before my agency will pay it to me?
Yes, a late payment fee will only be paid when the computed late payment fee is $1.00 or greater.
§ 301-52.22 Will any late payment fees I receive be reported as wages on a Form W-2?
No, the Internal Revenue Service (IRS) has determined that the late payment fee is in the nature of interest (compensation for the use of money). Your agency will report payments in accordance with IRS guidelines.
§ 301-52.23 Is the additional fee, which is equal to any late payment charge that the card contractor would have been able to charge had I not paid the bill, considered income?
Yes, your agency will report this payment as additional wages on Form W-2.
§ 301-52.24 Does mandatory use of the Government contractor-issued travel charge card change my obligation to pay my travel card bill by the due date?
No, mandatory use of the Government contractor-issued travel charge card does not relieve you of your obligation to pay your bill in accordance with your cardholder agreement.
PART 301-53—USING PROMOTIONAL MATERIALS AND FREQUENT TRAVELER PROGRAMS
§ 301-53.1 To whom do the pronouns “I”, “you”, and their variants refer throughout this part?
The pronouns “I”, “you”, and their variants throughout this part refer to the employee.
§ 301-53.2 What may I do with promotional benefits or materials I receive from a travel service provider?
Any promotional benefits or materials received from a travel service provider in connection with official travel may be retained for personal use, if such items are obtained under the same conditions as those offered to the general public and at no additional cost to the Government.
Promotional benefits or materials you receive from a travel service provider in connection with your planning and/or scheduling an official conference or other group travel (as opposed to performing official travel yourself) are considered property of the Government, and you may only accept the benefits or materials on behalf of the Federal Government (see § 301-74.1(d) of this chapter).
§ 301-53.3 How may I use promotional materials and frequent traveler benefits?
Promotional materials and frequent traveler benefits may be used as follows:
(a) You may use frequent traveler benefits earned on official travel to obtain travel services for a subsequent official travel assignment(s); however, you may also retain such benefits for your personal use, including upgrading to a higher class of service while on official travel.
(b) If you are offered such benefits as a result of your role as a conference planner or as a planner for other group travel, you may not retain such benefits for your personal use (see § 301-53.2 of this chapter). Rather, you may only accept such benefits on behalf of the Federal Government. Such accepted benefits may only be used for official Government business.
§ 301-53.4 May I select travel service providers for which my agency is not a mandatory user in order to maximize my frequent traveler benefits?
No, you may not select a traveler service provider based on whether it provides frequent traveler benefits. You must use the travel service provider for which your agency is a mandatory user. This includes contract passenger transportation services and travel management services. You may not choose a travel service provider to gain frequent traveler benefits for personal use. (Also see §§ 301-10.113 and 301-10.114 of this chapter.)
§ 301-53.5 Are there exceptions to the mandatory use of contract City Pair Program fares and an agency’s travel management service?
Yes, the exceptions are in accordance with §§ 301-10.111 and 301-10.112 of this chapter for the mandatory use of a contract City Pair Program fare, and § 301-73.103 of this chapter for the mandatory use of a travel management service.
§ 301-53.6 Is a denied boarding benefit considered a promotional item for which I may retain compensation received from an airline whether voluntary or involuntary?
A denied boarding benefit (e.g., cash, free ticket coupon) is not a promotional item given by an airline. See the provisions of § 301-10.122 of this chapter when an airline denies you a seat (involuntary) and § 301-10.123 of this chapter when you vacate your seat (voluntary).
PART 301-54—COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE CARD
Subpart A—General Rules
Use of pronouns “I”, “you”, and their variants throughout this subpart refers to the employee.
§ 301-54.1 Is my agency allowed to collect undisputed delinquent amounts that I owe to a Government travel charge card contractor?
Yes, upon written request from the contractor, your agency may collect, from your disposable pay, any undisputed delinquent amounts that you owe to a Government travel charge card contractor.
§ 301-54.2 What is disposable pay?
Disposable pay is your compensation remaining after the deduction from your earnings of any amounts required by law to be withheld. These deductions do not include discretionary deductions such as savings bonds, charitable contributions, etc. Deductions may be made from any type of pay you receive from your agency, e.g., basic pay, special pay, retirement pay, or incentive pay.
Subpart B—Policies and Procedures
Use of pronouns “I”, “you”, and their variants throughout this subpart refers to the employee.
§ 301-54.100 Are there any due process requirements with which my agency must comply before collecting undisputed delinquent amounts on behalf of the charge card contractor?
Yes, your agency must:
(a) Provide you with written notice of the type and amount of the claim, the intention to collect the claim by deduction from your disposable pay, and an explanation of your rights as a debtor;
(b) Give you the opportunity to inspect and copy their records related to the claim;
(c) Allow an opportunity for a review within the agency of its decision to collect the amount; and
(d) Provide you with an opportunity to make a written agreement with the contractor to repay the delinquent amount of the claim.
§ 301-54.101 Can my agency initiate collection of undisputed delinquent amounts if it has not reimbursed me for amounts reimbursable under the applicable travel regulations?
No, your agency may only collect undisputed delinquent amounts for which you have been reimbursed under the applicable travel regulations. However, if you have not submitted a proper travel claim within the timeframe requirements of § 301-52.7 of this chapter, and there are no extenuating circumstances, your agency may collect the undisputed delinquent amounts based on the amounts charged on the travel charge card.
§ 301-54.102 What is the maximum amount my agency may deduct from my disposable pay?
As set forth in Public Law 105-264, 112 Stat. 2350, October 19, 1998, the maximum amount your agency may deduct from your disposable pay is 15 percent a pay period, unless you agree in writing to a larger percentage.
SUBCHAPTER D—AGENCY RESPONSIBILITIES
PART 301-70—INTERNAL POLICY AND PROCEDURE REQUIREMENTS
Subpart A—General Policies and Procedures
When administering the authorization and payment of travel expenses, you—
(a) Must limit the authorization and payment of travel expenses to travel that is necessary to accomplish your mission in the most economical and effective manner, under rules stated throughout this chapter;
(b) Should give consideration to budget constraints, adherence to travel policies, and reasonableness of expenses;
(c) Should always consider alternatives, including teleconferencing, prior to authorizing travel; and
(d) Must require employees to use the ETS to process travel authorizations and claims for travel expenses once you migrate to the ETS, but no later than September 30, 2006, unless an exception has been granted under § 301-73.102 or § 301-73.104 of this chapter.
Subpart B—Policies and Procedures Relating to Transportation
You must:
(a) Limit authorization and payment of transportation expenses to those expenses that result in the greatest advantage to the Government;
(b) Ensure that travel is by the most expeditious means practicable.
§ 301-70.101 What factors must we consider in determining which method of transportation results in the greatest advantage to the Government?
In selecting a particular method of transportation you must consider:
(a) The total cost to the Government, including per diem, overtime, lost worktime, actual transportation cost, total distance of travel, number of points visited, the number of travelers and energy conservation. As stated in 5 U.S.C. 5733, “travel of an employee shall be by the most expeditious means of transportation practicable and shall be commensurate with the nature and purpose of the duties of the employee requiring such travel.”
(b) Travel by common carrier (air, rail, bus) is considered the most advantageous method to perform official travel. Other methods of transportation may be authorized as advantageous only when the use of common carrier transportation would interfere with the performance of official business or impose an undue hardship upon the traveler, or when the total cost by common carrier exceeds the cost by another method of transportation. A determination that another method of transportation is more advantageous to the Government than common carrier will not be made on the basis of personal preference or inconvenience to the traveler.
(c) When travel must be performed by automobile, agencies should next consider using a Government-furnished automobile.
(d) If a Government-furnished automobile is not available, agencies should then consider using the least expensive compact rental vehicle.
(e) Agencies should lastly consider authorizing a POV only if the employee agrees to use a POV, because agencies cannot mandate employees to use their POV for official reasons.
You must establish policies and procedures governing:
(a) Who will determine what method of transportation is more advantageous to the Government;
(b) Who will approve any of the following:
(1) Use of other than coach class accommodations under § 301-10.103 of this chapter;
(2) Use of a special-reduced fare or reduced group or charter fare;
(3) Use of an extra-fare train service under § 301-10.160;
(4) Use of ship service;
(5) Use of a foreign ship;
(6) Use of a foreign air carrier;
(c) When you will:
(1) Require the use of a Government vehicle;
(2) Allow the use of a Government vehicle; and
(3) Prohibit the use of a Government vehicle;
(d) When you consider the use of a POV advantageous to the Government, such as travel to and from common carrier terminals or to the TDY location. When determining whether the use of a POV to a TDY location is the most advantageous method of transportation, you must consider the total cost of using a POV as compared to the total cost of using a rental vehicle, including rental costs, fuel, taxes, parking (at a common carrier terminal—not to exceed the cost of taxi or transportation network company fare, etc.), and any other relevant costs;
(e) Procedures for claiming POV reimbursement;
(f) Procedures for allowing the use of a special conveyance (e.g., taxis, TNCs, innovative mobility technology companies, or commercially rented vehicles), taking into account the requirements of § 301-10.450;
(g) What procedures an employee must follow when the employee travels by an indirect route or interrupts travel by a direct route;
(h) Whether to reimburse the full amount of transportation costs and in conjunction with TDY or only the amount by which transportation costs exceed the employee’s normal costs for transportation between:
(1) Office or duty point and another place of business;
(2) Places of business; or
(3) Residence and place of business other than office or duty point;
(i) Develop and issue internal guidance on what specific mission criteria justify use of other than coach class under § 301-10.103(a)(9) and the use of other than the least expensive compact car available under § 301-10.450(c). The justification criteria shall be noted on the traveler’s authorization.
(j) Develop and publish internal guidance regarding what constitutes a rest period upon arrival at a temporary duty location; and
(k) Develop and publish internal guidance regarding when coach class seating upgrade fees will be authorized as advantageous to the Government and reimbursed (see § 301-10.121).
Travel by ship is not generally regarded as advantageous. You must determine that the advantages accruing from the use of ocean transportation offset the higher costs associated with ship travel, i.e., per diem, transportation, and lost worktime.
§ 301-70.104 What factors should we consider in determining whether to require an employee to commit to the use of a Government-furnished automobile?
You should consider:
(a) The advantages of using a Government-furnished automobile . Such advantages may include, but are not limited to:
(1) Full utilization or availability of fleet vehicles;
(2) Lower cost;
(3) Official presence.
(b) The type of travel the employee performs. You should require such a commitment when an employee or group of employees requires the use of an automobile for official travel on a frequent or repetitive basis.
§ 301-70.105 May we prohibit an employee from using a POV on official travel?
No, but if the employee elects to use a POV instead of an alternative form of transportation you authorize, you must:
(a) Limit reimbursement to the constructive cost of the authorized method of transportation, which is the sum of travel and transportation expenses the employee would reasonably have incurred had the employee traveled by the method of transportation deemed to be most advantageous to the Government. The calculation will necessarily involve assumptions. Examples of related expenses that could be considered constructive costs include, but are not limited to, taxi and TNC fares, baggage fees, rental car costs, tolls, ferry fees, and parking charges; and
(b) Charge leave for any duty hours that are missed as a result of travel by POV.
Subpart C—Policies and Procedures Relating to Per Diem Expenses
You must establish policies and procedures governing:
(a) Who will authorize a rest period;
(b) Circumstances allowing a rest period during prolonged travel (see § 301-11.20 for minimum standards);
(c) If, and in what instances, you will allow an employee to return to their official station on non-workdays;
(d) Who will determine if an employee will be allowed to return to their official station on a case by case basis.
(e) Who will determine in what instances you will pay a reduced per diem rate;
(f) Who will determine, and in what instances, to issue a blanket authorization for actual expenses under § 301-70.201 or when actual expenses are appropriate in individual cases; and
(g) Who will determine, and in what instances, an employee will be able to claim the full M&IE allowance even though meals are furnished to the employee by the Government, in accordance with §§ 301-11.18(b) and 301-11.18(c).
Yes. A blanket authorization regarding actual expense reimbursement may be issued to your employees assigned to perform TDY travel in an area subject to a Presidentially-Declared Disaster. These authorizations must apply to a specific Declaration, and must end on the expiration date of the Declaration, or one year from the date the Declaration is issued, whichever is sooner. A blanket authorization issued under this section shall not apply to any travel performed pursuant to chapter 302 of this title.
Subpart D—Policies and Procedures Relating to Miscellaneous Expenses
You should limit payment of miscellaneous expenses to only those expenses that are necessary and in the interest of the Government.
§ 301-70.301 What governing policies must we establish for payment of miscellaneous expenses?
You must establish policies and procedures governing:
(a) Who will determine when excess baggage is necessary for official travel;
(b) When you will pay for communications services, including whether you will pay for a telephone call to the employee’s home or place where the employee’s dependent children are;
(c) Who will determine if other miscellaneous expenses are appropriate for reimbursement in connection with official travel, including but not limited to, fees for the use of automated teller machine (ATMs) when using the Government contractor-issued travel charge card and expenses for laundry, cleaning, and pressing of clothing.
Subpart E—Policies and Procedures Relating to Travel of an Employee with a Disability or Special Need
You should authorize and administer the payment to reasonably accommodate employee(s) with disabilities in accordance with the Rehabilitation Act of 1973, as amended (29 U.S.C. 701, et seq.) and 5 U.S.C. 3102 and part 301-13 of this chapter. An employee with a special need should be treated the same as an employee with a disability. You must determine that additional travel expenses are necessary to accommodate the employee’s needs.
§ 301-70.401 What governing policies and procedures must we establish regarding travel of an employee with a disability or special need?
You must establish the policies and procedures governing:
(a) Who will determine if an employee has a disability or special need which requires accommodation, including when documentation is necessary under §§ 301-10.103 and 301-10.121, and when a determination may be based on a clearly visible and discernible physical condition; and
(b) Who will determine how to reasonably accommodate the employee and what expenses you will pay.
Subpart F—Policies and Procedures for Emergency Travel of Employee Due to Illness or Injury
§ 301-70.500 What governing policies and procedures should we establish relating to emergency travel?
Each agency must determine:
(a) When you will authorize emergency travel under part 301-30;
(b) Who will determine if the employee’s situation warrants payment for emergency travel expenses;
(c) When and by whom travel to an alternate location other than official station or point of interruption will be authorized; and
(d) Who will determine when and if the definition of family may be extended and to whom.
§ 301-70.501 Does per diem continue when an employee interrupts a travel assignment because of an incapacitating illness or injury?
Yes, when an employee interrupts a travel assignment because of an incapacitating illness or injury and takes leave (annual or sick), per diem will be allowed, not to exceed the maximum rate for the location where the interruption occurs, for a reasonable period, normally not to exceed 14 calendar days (including fractional days) for any one period of absence. You may approve a longer period if justified.
§ 301-70.502 Are there any limitations to the payment of these expenses?
Yes, there are limitations to the payment of these expenses. Per diem is not payable, or if paid, must be collected from the employee when—
(a) The employee is confined to a hospital or medical facility that is within the proximity of the official station or that is the same one the employee would have been admitted to if the illness or injury had occurred while at the official station; and/or
(b) The Government provides or reimburses the employee for hospitalization under any Federal statute (including hospitalization in a Department of Veterans Affairs (VA) medical center or military hospital) other than 5 U.S.C. 8901-8913 (Federal Employees Health Benefits program).
§ 301-70.503 What additional emergency expenses should we allow?
When an employee discontinues a TDY assignment before its completion due to an incapacitating illness or injury, you may pay—
(a) Transportation and per diem expenses for travel to an alternate location to receive medical treatment;
(b) Transportation and per diem expenses to return to the official station; and
(c) Transportation costs of a medically necessary attendant.
Not if the interrupted trip was authorized under a trip by trip authorization. If, when the employee’s health has been restored, the agency decides that it is in the Government’s interest to return the employee to the TDY location, such return is considered to be a new travel assignment at Government expense. An interrupted trip authorized under an open or limited open authorization may be continued without further authorization.
§ 301-70.505 May any travel costs be reimbursed if the employee travels to an alternate location for medical treatment?
Yes. When an employee interrupts a TDY assignment because of an incapacitating illness or injury and takes leave of absence for travel to an alternate location to obtain medical services and returns to the TDY assignment, you may reimburse certain excess travel costs provided in this section. Specifically, you may reimburse the excess (if any) of actual costs of travel from the point of interruption to the alternate location and return to the TDY assignment, over the constructive costs of round-trip travel between the official station and the alternate location. The nearest hospital or medical facility capable of treating the employee’s illness or injury will not, however, be considered an alternate location.
An alternate location is a destination other than the employee’s official station or the point of interruption.
§ 301-70.506 How do we define actual cost and constructive cost when an employee interrupts a travel assignment because of an incapacitating illness or injury?
(a) Actual cost of travel will be the transportation expenses incurred and en route per diem for the travel as actually performed from the point of interruption to the alternate location and from the alternate location to the TDY assignment. No per diem is allowed for time spent at the alternate location if confined to a medical facility.
(b) Constructive cost is the sum of travel and transportation expenses the employee would reasonably have incurred for round-trip travel between the official station and the alternate location plus per diem calculated for the appropriate en route travel time. The calculation will necessarily involve assumptions. Examples of related expenses that could be considered constructive costs include, but are not limited to, taxi and TNC fares, baggage fees, rental car costs, tolls, ferry fees, and parking charges.
Yes. Expenses of appropriate transportation and per diem while en route may be allowed, with the approval of an appropriate agency official, for return travel from the point of interruption to the official station.
§ 301-70.508 How do we handle reimbursement if the employee travels to an alternate location and returns to the TDY location because of a personal emergency situation?
You may reimburse certain excess travel costs (transportation and en route per diem) to the same extent as provided in § 301-70.501 for incapacitating illness or injury to the employee.
§ 301-70.509 What factors must we consider in expanding the definition of family for emergency travel purposes?
Agencies must consider on a case by case basis:
(a) The extent of the emergency;
(b) The employee’s relationship to the individual involved in the emergency; and
(c) The degree of the employee’s responsibility for the individual involved in the emergency.
Subpart G—Policies and Procedures Relating to Threatened Law Enforcement/Investigative Employees
You must establish policies and procedures governing:
(a) When you will pay transportation and subsistence expenses of threatened law enforcement/investigative employees, under part 301-31 of this chapter;
(b) Who will determine the degree and seriousness of threat in each individual case;
(c) Who will determine what protective action should be taken, including the location and duration of temporary lodging;
(d) Who will reevaluate the situation to determine whether protective action should be continued or discontinued and how often;
(e) What procedures must be followed to obtain authorization of transportation and subsistence expenses for threatened law enforcement/investigative employees; and
(f) What special procedures must an employee follow to claim expenses.
You should consider:
(a) The degree and seriousness of the threat. You should pay transportation and subsistence expenses only if a situation poses a legitimate serious threat to life.
(b) The option of relocating the employee. You should consider whether relocating the employee permanently would be advantageous given the specific nature of the threat, the continued disruption of the family, and the alternative costs of a change of official station.
§ 301-70.602 How often must we reevaluate the payment of transportation and subsistence expenses to a threatened law enforcement/investigative employee?
You must reevaluate the situation every 30 days based on the same factors you considered when you first authorized the payment of the expenses.
Subpart H—Policies and Procedures Relating to Mandatory Use of the Government Contractor-Issued Travel Charge Card for Official Travel
§ 301-70.700 Must our employees use a Government contractor-issued travel charge card for official travel expenses?
Yes, your employees must use a Government contractor-issued travel charge card for official travel expenses unless:
(a) A vendor does not accept the travel charge card;
(b) The Administrator of General Services has granted an exemption. (see § 301-70.704); or
(c) Your agency head or their designee has granted an exemption.
(a) The Administrator of General Services will exempt any payment, person, type or class of payments, or type or class of personnel in any case in which—
(1) It is in the best interest of the United States to do so;
(2) Payment through a travel charge card is impractical or imposes unreasonable burdens or costs on Federal employees or Federal agencies; or
(3) The Secretary of Defense or the Secretary of Homeland Security (for the Coast Guard) requests an exemption for the members of their uniformed services.
(b) The head of a Federal agency or their designee(s) may exempt any payment, person, type or class of payments, or type or class of agency personnel if the exemption is determined to be necessary in the interest of the agency.
§ 301-70.702 Must we notify the Administrator of General Services when we grant an exemption?
Yes, you must notify the Administrator of General Services, Office of Government-wide Policy, 1800 F Street, NW, Washington, DC 20405, in writing within 30 days after granting the exemption, stating the reasons for the exemption.
§ 301-70.703 If we grant an exemption, does that prevent the employee from using the card on a voluntary basis?
No, an exemption from use would not prevent the employee from using the Government contractor-issued travel charge card for official travel expenses on a voluntary basis in accordance with your policies.
§ 301-70.704 What classes of employees are exempt from mandatory use of the Government contractor-issued travel charge card?
The Administrator of General Services exempts the following classes of employees from mandatory use of the Government contractor-issued travel charge card:
(a) Any employee who has an application pending for the Government contractor-issued travel charge card;
(b) Any employee, when issuance of the Government contractor-issued travel charge card would adversely affect the mission or put the employee at risk; and
(c) Any employee who is not eligible to receive a Government contractor-issued travel charge card.
When you grant an exemption from use of the Government contractor-issued travel charge card, you may authorize one or a combination of the following methods of payment:
(a) Personal funds, including cash or personal charge card;
(b) Travel advances; or
(c) Government Transportation Request (GTR).
City pair contractors are not required to accept payment by the methods in paragraph (a) or (b) of this section.
§ 301-70.706 For what purposes may an employee use the Government contractor-issued travel charge card while on official travel?
An employee is required to use the Government contractor-issued travel charge card for expenses directly related to official travel.
§ 301-70.707 May an employee use the Government contractor-issued travel charge card for personal use while on official travel?
No, an employee may not use the Government contractor-issued travel charge card for personal use while on official travel.
§ 301-70.708 What actions may we take if an employee fails to activate the Government contractor-issued travel charge card and/or misuses the travel charge card?
Internal agency policies and procedures should be established defining what are considered to be misuses of the Government contractor-issued travel charge card. Appropriate action may be taken pursuant to those policies if an employee fails to activate the Government contractor-issued travel charge card within 60 days of receipt or misuses the travel charge card.
§ 301-70.709 What can we do to reduce travel charge card delinquencies?
To reduce travel charge card delinquencies by your employees, you should consider implementing one or more of the following suggestions (this list is not comprehensive; you may adopt other appropriate procedures):
(a) Agency travel program coordinators must be trained and aware of their responsibilities and the delinquency management tools available under your agreement with the travel charge card contractor.
(b) Ensure that managers and supervisors are provided monthly delinquency and questionable charges report.
(c) Periodically, but at least once a year, verify that cardholders are still current employees.
(d) For inactive accounts (cards not used within 6 months, one year, etc., reduce card limit to $1, increase dollar limit when necessary.
(e) Work with the charge card contractor to block certain high-risk category codes (e.g., department stores, automobile dealerships, specialty stores), etc.
(f) Review ATM cash withdrawals for reasonableness and association with official travel.
(g) Implement a salary offset program. (See part 301-76 of this chapter).
(h) Implement split disbursement in your travel vouchering system, so that an employee may authorize you to make certain payments directly to the charge card contractor on the employee’s behalf.
(i) Refer potential fraud cases to your agency IG for investigation.
(j) Information on travel cardholder training is available at https://smartpay.gsa.gov/content/training.
(k) Ensure that employees turn in their travel charge card when they retire or leave the agency.
Subpart I—Policies and Procedures for Agencies That Authorize Travel on Government Aircraft
You may authorize Federal travelers, non-Federal travelers, and any other passengers, as defined in part 300-3 of this subtitle, to travel on Government aircraft, subject to the rules in this subpart. Because the taxpayers generally should pay no more than necessary for transportation of travelers, except for required use travel, you may authorize travel on Government aircraft only when a Government aircraft is the most cost-effective mode of travel and the traveler is traveling for Governmental purposes.
You may authorize travel on Government aircraft only as follows:
(a) For official travel when—
(1) No scheduled commercial airline service is reasonably available to fulfill your agency’s travel requirement (i.e., able to meet the traveler’s departure and/or arrival requirements within a 24-hour period, unless you demonstrate that extraordinary circumstances require a shorter period); or
(2) The cost of using a Government aircraft is not more than the cost of the city-pair fare for scheduled commercial airline service or the cost of the lowest available full coach fare if a city-pair fare is not available to the traveler.
(b) For required-use travel, i.e., when the traveler is authorized to use Government aircraft because of bona fide communications needs (e.g., 24-hour secure communications are required) or security reasons (e.g., highly unusual circumstances that present a clear and present danger to the traveler) or exceptional scheduling requirements (e.g., a national emergency or other compelling operational considerations). Required-use travel may include travel for official, personal, or political purposes, but must be approved in accordance with §§ 301-10.262(a) and 301-70.803(a).
(c) For space available travel when—
(1) The aircraft is already scheduled for use for an official purpose and carrying an official traveler(s) on the aircraft does not cause the need for a larger aircraft or result in more than minor additional cost to the Government; or
(2) The Federal traveler or the dependent of a Federal traveler is stationed by the Government in a remote location not accessible to commercial airline service; or
(3) The traveler is authorized to travel space available under 10 U.S.C. 2648 and regulations implementing that statute.
§ 301-70.802 Must we ensure that travel on Government aircraft is the most cost-effective alternative?
(a) Yes, you must ensure that travel on a Government aircraft is the most cost-effective alternative that will meet the travel requirement. Your designated travel approving official must—
(1) Compare the cost of all travel alternatives, as applicable, that is—
(i) Travel on a scheduled commercial airline;
(ii) Travel on a Federal aircraft;
(iii) Travel on a Government aircraft hired as a commercial aviation service (CAS); and
(iv) Travel by other available modes of transportation; and
(2) Approve only the most cost-effective alternative that meets your agency’s needs.
(3) Consider the cost of non-productive or lost work time while in travel status and certain other costs when comparing the costs of using Government aircraft in lieu of scheduled commercial airline service and other available modes of transportation. Additional information on costs included in the cost comparison may be found in the “U.S. Government Aircraft Cost Accounting Guide,” published by the General Services Administration, Office of Government-wide Policy. To obtain a copy of the guide, please contact [email protected].
(b) The aircraft management office in the agency that owns or hires the Government aircraft must provide your designated travel-approving official with cost estimates for a Government aircraft trip (i.e., a Federal aircraft trip cost or a CAS aircraft trip cost).
(c) When an agency operates a Government aircraft to fulfill a non-travel related governmental function or for required use travel, using any space available for passengers on official travel is presumed to result in cost savings.
You must authorize travel on a Government aircraft as follows:
(a) For required-use travel. Your agency must first establish written standards for determining the special circumstances under which it will require travelers to use Government aircraft. Then, following those standards, your agency’s senior legal official or their principal deputy must authorize required-use travel on a trip-by-trip basis in advance and in writing, unless—
(1) The traveler is an agency head, and the President has determined that all of their travel, or travel in specified categories, requires the use of Government aircraft; or
(2) Your agency head has determined in writing that all travel, or travel in specified categories, by another traveler requires the use of Government aircraft.
In an emergency situation, prior verbal approval for required-use travel with an after-the-fact written authorization is permitted.
(b) For travel by senior Federal officials. Your agency’s senior legal official or their principal deputy must authorize all travel on Government aircraft by senior Federal officials on a trip-by-trip basis, in advance and in writing, except for required use travel authorized under paragraphs (a)(1) or (a)(2) of this section. In an emergency situation, prior verbal approval with an after-the-fact written authorization by your agency’s senior legal official is permitted. Senior Federal officials who are crewmembers or qualified non-crewmembers on a flight in which they are also traveling (i.e., being transported from point-to-point) are considered travelers and must be authorized to travel on Government aircraft according to this paragraph.
(c) For travel by non-Federal travelers. If you are the sponsoring agency for a non-Federal traveler, your senior legal official or their deputy must authorize all travel on Government aircraft by that non-Federal traveler on a trip-by-trip basis, in advance and in writing. In an emergency situation, prior verbal approval with an after-the-fact written authorization by your agency’s senior legal official is permitted.
(d) For all other travel. (1) Your agency’s designated travel approving official (or anyone to whom they delegate this authority and who is at least one organizational level above the traveler) must authorize, in advance and in writing, all other travel on Government aircraft (i.e., by passengers, crewmembers, or qualified non-crewmembers) that is not covered in paragraphs (a) through (c) of this section.
(2) When authorizing space available travel (except as authorized under 10 U.S.C. 2648 and regulations implementing that statute), you must ensure that the aircraft management office in the agency that owns or hires the aircraft has certified in writing before the flight that the aircraft is scheduled to be used for a bona fide governmental function. Bona fide governmental functions may include support for official travel. The aircraft management office must also certify that carrying a traveler(s) in space available does not cause the need for a larger aircraft or result in more than minor additional cost to the Government. The aircraft management office must retain this certification for two years. In an emergency situation, prior verbal confirmation of this information with an after-the-fact written certification is permitted.
§ 301-70.804 What amount must the Government be reimbursed for travel on a Government aircraft?
(a) No reimbursement is required for official travel on a Government aircraft.
(b) For personal travel on Government aircraft, reimbursement depends upon which of the following special cases applies:
(1) You must require a traveler on required-use travel to reimburse the Government for the excess of the full coach fare for all flights taken on a trip over the full coach fare for the flights that the traveler would have taken had they not engaged in personal activities during the trip; and
(2) No reimbursement is required for travel authorized under 10 U.S.C. 2648 and regulations implementing that statute, or when the traveler and the traveler’s dependents are stationed by the Government in a remote location with no access to regularly scheduled commercial airline service.
(c) For political travel on a Government aircraft (i.e., for any trip or part of a trip during which the traveler engages in political activities), you must require that the Government be reimbursed the excess of the full coach fare for all flights taken on the trip over the full coach fare for the flights that the traveler would have taken had they not engaged in political activities, except if other law or regulation specifies a different amount (see, e.g., 11 CFR 106.3, “Allocation of Expenses between Campaign and Non-campaign Related Travel”), in which case the amount reimbursed is the amount required by such law or regulation.
Yes, you must include the following information on a travel authorization for a senior Federal official or a non-Federal traveler:
(a) Traveler’s name with indication that the traveler is either a senior Federal official or a non-Federal traveler, whichever is appropriate.
(b) The traveler’s organization and title or other appropriate descriptive information, e.g., dependent, press, etc.
(c) Name of the authorizing agency.
(d) The official purpose of the trip.
(e) The destination(s).
(f) For personal or political travel, the amount that the traveler must reimburse the Government (i.e., the full coach fare or appropriate share of that fare).
(g) For official travel, the comparable city-pair fare (if available to the traveler) or full coach fare if a city-pair fare is not available.
§ 301-70.806 What documentation must we retain for travel on Government aircraft?
You must retain all travel authorizations and cost-comparisons for travel on Government aircraft for two years.
§ 301-70.807 Must we make information available to the public about travel by senior Federal officials and non-Federal travelers on Government aircraft?
Yes, an agency that authorizes travel on Government aircraft must make records about travelers on those aircraft available to the public in response to written requests under the Freedom of Information Act (5 U.S.C. 552), except for portions exempt from disclosure under that Act (such as classified information).
§ 301-70.808 Do the rules in this part apply to travel on Government aircraft by the President and Vice President or by individuals traveling in support of the President and Vice President?
Given the unique functions and needs of the presidency and the vice presidency, section 4 of Circular A-126, “Improving the Management and Use of Government Aircraft,” Revised May 1992, makes clear that Circular A-126 does not apply to aircraft while in use by or in support of the President or Vice President. Since the principal purpose of the rules in this part is to implement Circular A-126, the rules in this part also do not apply to such travel. If any questions arise regarding travel related to the President or Vice President, contact the Office of the Counsel to the President or the Office of the Counsel to the Vice President, respectively.
Subpart J—Policies and Procedures for Agencies That Own or Hire Government Aircraft for Travel
§ 301-70.900 May we use our Government aircraft to carry passengers?
Yes. You may use Government aircraft, i.e., aircraft that you own, borrow, operate as a bailed aircraft, or hire as a commercial aviation service (CAS), to carry Federal and non-Federal travelers, but only in accordance with the rules in 41 CFR 102-33.215 and 102-33.220 and the regulations in this part.
§ 301-70.901 Who may approve use of our Government aircraft to carry passengers?
Your agency head or their designee must approve the use of your agency’s Government aircraft for travel, i.e., for carrying passengers and any crewmembers or qualified non-crewmembers who are also traveling. This approval must be in writing and may be for recurring travel.
Yes, except for travel authorized under 10 U.S.C. 2648 and regulations implementing that statute, you must certify in writing before carrying passengers on a space available basis on your Government aircraft that the aircraft is scheduled to perform a bona fide governmental function. Bona fide governmental functions may include support for official travel. You must also certify that carrying a passenger in space available does not cause the need for a larger aircraft and does not result in more than minor additional cost to the Government. Your aircraft management office must retain this certification for two years. In an emergency situation, prior verbal approval with an after-the-fact written certification is permitted.
§ 301-70.903 What are our responsibilities for ensuring that Government aircraft are the most cost-effective alternative for travel?
To help ensure that Government aircraft are the most cost-effective alternative for travel, your aircraft management office must calculate the cost of a trip on your aircraft, whether Federal aircraft or CAS aircraft, and submit that information to the traveler’s designated travel-approving official upon request. The designated travel-approving official must use that information to compare the cost of using Government aircraft with the cost of scheduled commercial airline service and the cost of using other available modes of transportation. When you operate a Government aircraft to fulfill a non-travel related governmental function or for required use travel, using any space available for passengers on official travel is presumed to result in cost savings. For guidance on how and when to calculate the cost of a trip on a Government aircraft, see the “U.S. Government Aircraft Cost Accounting Guide,” published by the General Services Administration, Office of Government-wide Policy. To obtain a copy of the guide, please contact [email protected].
Yes, every traveler on one of your aircraft must have a written travel authorization from an authorizing executive agency, and they must present that authorization, before the flight, to the aircraft management office or its representative in the organization that owns or hires the Government aircraft. In addition to all passengers, those crewmembers and qualified non-crewmembers on a flight in which they are also traveling (i.e., being transported from point to point) are considered travelers and must also be authorized to travel on Government aircraft.
§ 301-70.905 What documentation must we retain for travel on our Government aircraft?
(a) You must retain for two years copies of travel authorizations for senior Federal officials and non-Federal travelers who travel on your Government aircraft.
(b) You must also retain for two years the following information for each flight:
(1) The tail number of the Government aircraft used.
(2) The dates used for travel.
(3) The name(s) of the pilot(s), other crewmembers, and qualified non-crewmembers.
(4) The purpose(s) of the flight.
(5) The route(s) flown.
(6) The names of all passengers.
§ 301-70.906 Must we report use of our Government aircraft to carry senior Federal officials and non-Federal travelers?
Yes, except when the trips are classified, you must report to the General Services Administration, Office of Government-wide Policy, all uses of your aircraft for travel by any senior Federal official or non-Federal traveler, by using an electronic reporting tool found at “https://www.gsa.gov/sftr”, unless travel is authorized under 10 U.S.C. 2648 and regulations implementing that statute.
§ 301-70.907 What information must we report on the use of Government aircraft to carry senior Federal officials and non-Federal travelers and when must it be reported?
You must report on a semi-annual basis to the General Services Administration (GSA) information about Senior Federal officials and non-Federal travelers who fly aboard your aircraft. The reporting periods are October 1 through March 31 and April 1 through September 30 of each fiscal year. A report is due to GSA not later than 30 calendar days after the close of each reporting period and must contain the following information:
(a) The person’s name with indication that the traveler is either a senior Federal official or a non-Federal traveler, whichever is appropriate.
(b) The traveler’s organization and title or other appropriate descriptive information, e.g., dependent, press, etc.
(c) Name of the authorizing agency.
(d) The official purposes of the trip.
(e) The destination(s).
(f) For personal or political travel, the amount that the traveler must reimburse the Government (i.e., the full coach fare or appropriate share of that fare).
(g) For official travel, the comparable city-pair fare (if available to the traveler) or the full coach fare if the city-pair fare is not available.
(h) The cost to the Government to carry this person (i.e., the appropriate allocated share of the Federal or CAS aircraft trip costs).
You are not required to report classified trips; however, you must maintain information on classified trips for two years. Most of the information required by paragraphs (a) through (g) of this section can be found on the traveler’s travel authorization. Your aircraft management office must provide the information about crewmembers and qualified non-crewmembers required by paragraph (b) as well as the information required by paragraph (h). For more information on calculating costs, see the “U.S. Government Aircraft Cost Accounting Guide,” published by the General Services Administration, Office of Government-wide Policy. To obtain a copy of the guide, please contact [email protected].
§ 301-70.908 Must we make information available to the public about travel by senior Federal officials and non-Federal travelers on Government aircraft?
Yes, an agency that operates aircraft must make records about travelers on those aircraft available to the public in response to written requests under the Freedom of Information Act (5 U.S.C. 552), except for portions exempt from disclosure under that Act (such as classified information).
§ 301-70.909 What disclosure information must we give to anyone who flies on our Government aircraft?
You must give each person aboard your aircraft a copy of the following disclosure statement:
NOTE: The disclosure contained herein is not all-inclusive. You should contact your sponsoring agency for further assistance.
Generally, an aircraft used exclusively for the U.S. Government may be considered a ‘public aircraft’ as defined in 49 U.S.C. 40102 and 40125, unless it is transporting passengers or operating for commercial purposes. A public aircraft is not subject to many Federal aviation regulations, including requirements relating to aircraft certification, maintenance, and pilot certification. If a U.S. Government agency transports passengers on a Government aircraft, that agency must comply with all Federal aviation regulations applicable to civil aircraft. If you have questions about the status of a particular flight, you should contact the agency sponsoring the flight.
You and your family have certain rights and benefits in the unlikely event you are injured or killed while riding aboard a Government aircraft. Federal employees and some private citizens are eligible for workers’ compensation benefits under the Federal Employees’ Compensation Act (FECA). When FECA applies, it is the sole remedy. For more information about FECA and its coverage, consult with your agency’s benefits office or contact the Branch of Technical Assistance at the Department of Labor’s Office of Workers’ Compensation Programs at (202) 693-0044. (These rules also apply to travel on other Government-owned or operated conveyances such as cars, vans, or buses.)
State or foreign laws may provide for product liability or “third party” causes of actions for personal injury or wrongful death. If you have questions about a particular case or believe you have a claim, you should consult with an attorney.
Some insurance policies may exclude coverage for injuries or death sustained while traveling aboard a Government or military aircraft or while within a combat area. You may wish to check your policy or consult with your insurance provider before your flight. The insurance available to Federal employees through the Federal Employees Group Life Insurance Program does not contain an exclusion of this type.
If you are the victim of an air disaster resulting from criminal activity, Victim and Witness Specialists from the Federal Bureau of Investigation (FBI) and/or the local U.S. Attorney’s Office will keep you or your family informed about the status of the criminal investigation(s) and provide you or your family with information about rights and services, such as crisis intervention, counseling and emotional support. State crime victim compensation may be able to cover crime-related expenses, such as medical costs, mental health counseling, funeral and burial costs, and lost wages or loss of support. The Office for Victims of Crime (an agency of the Department of Justice) is authorized by the Antiterrorism Act of 1996 to provide emergency financial assistance to state programs, as well as the U.S. Attorneys Office, for the benefit of victims of terrorist acts or mass violence.
If you are a Federal employee:
1. If you are injured or killed on the job during the performance of duty – including while traveling aboard a Government aircraft or other government-owned or operated conveyance for business purposes, you and your family are eligible to collect workers’ compensation benefits under FECA. You and your family may not file a personal injury or wrongful death suit against the United States or its employees. However, you may have cause of action against potentially liable third parties.
2. You or your qualifying family member must normally also choose between FECA disability or death benefits, and those payable under your retirement system (either the Civil Service Retirement System or the Federal Employees Retirement System). You may choose the benefit that is more favorable to you.
If you are a private citizen not employed by the Federal Government:
1. Even if you are not regularly employed by the Federal Government, if you are rendering personal service to the Federal Government on a voluntary basis or for nominal pay, you may be defined as a Federal employee for purposes of FECA. If that is the case, you and your family are eligible to receive workers’ compensation benefits under FECA, but may not collect in a personal injury or wrongful death lawsuit against the United States or its employees. You and your family may file suit against potentially liable third parties. Before you depart, you may wish to consult with the department or agency sponsoring the flight to clarify whether you are considered a Federal employee.
2. If there is a determination that you are not a Federal employee, you and your family will not be eligible to receive workman’s compensation benefits under FECA. If you are traveling for business purposes, you may be eligible for workman’s compensation benefits under state law. If the accident occurs within the United States, or its territories, its airspace, or over the high seas, you and your family may claim against the United States under the Federal Tort Claims Act or Suits in Admiralty Act. If you are killed aboard a military aircraft, your family may be eligible to receive compensation under the Military Claims Act, or if you are an inhabitant of a foreign country, under the Foreign Claims Act.
§ 301-70.910 Do the rules in this part apply to travel on Government aircraft by the President and Vice President or by individuals traveling in support of the President and Vice President?
Given the unique functions and needs of the presidency and the vice presidency, section 4 of Circular A-126, “Improving the Management and Use of Government Aircraft,” Revised May 1992, makes clear that Circular A-126 does not apply to aircraft while in use by or in support of the President or Vice President. Since the principal purpose of the rules in this part is to implement Circular A-126, the rules in this part also do not apply to such travel. If any questions arise regarding travel related to the President or Vice President, contact the Office of the Counsel to the President or the Office of the Counsel to the Vice President, respectively.
PART 301-71—AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
Subpart A—General
§ 301-71.1 What is the purpose of an agency travel accounting system?
To:
(a) Pay authorized and allowable travel expenses of employees;
(b) Provide standard data necessary for the management of official travel; and
(c) Ensure adequate accounting for all travel and transportation expenses for official travel.
§ 301-71.2 What are the standard data elements and when must they be captured on a travel accounting system?
The data elements are listed in appendix C of this chapter and must be on any travel claim form authorized for use by your employees.
§ 301-71.3 May we use electronic signatures on travel documents?
Yes, if you meet the security and privacy requirements established by the National Institute of Standards and Technology (NIST) for electronic data interchange.
Subpart B—Travel Authorization
The purpose is to:
(a) Provide the employee information regarding what expenses you will pay;
(b) Provide travel service vendors with necessary documentation for the use of travel programs;
(c) Provide financial information necessary for budgetary planning; and
(d) Identify purpose of travel.
You may authorize only travel which is necessary to accomplish the purposes of the Government effectively and economically. This must be communicated to any official who has the authority to authorize travel.
Yes. You may issue a single authorization for a group of employees when they are traveling together on a single trip. However, you must attach a list of all travelers to the authorization.
You must include:
(a) The name of the employee(s);
(b) The signature of the proper authorizing official;
(c) Purpose of travel;
(d) Any conditions of or limitations on that authorization;
(e) An estimate of the travel costs (for open authorizations it should include an estimate of the travel costs over the period covered); and
(f) A statement that the employee(s) is (are) authorized to travel.
Your agency head or an official to whom such authority has been delegated. This authority may be delegated to any person(s) who is aware of how the authorized travel will support the agency’s mission, who is knowledgeable of the employee’s travel plans and/or responsible for the travel funds paying for the travel involved.
Yes, except when advance authorization is not possible or practical and approval is in accordance with § 301-2.1, § 301-2.5, or § 304-3.13. However, the following always require advance authorization:
(a) Use of reduced fares for group or charter arrangements;
(b) Payment of a reduced rate per diem;
(c) Acceptance of payment from a non-Federal source for travel expenses (see chapter 304 of this title); and
(d) Travel expenses related to attendance at a conference.
The appropriate official is determined as follows:
| For | The appropriate official to sign a trip-by-trip authorization is |
|---|---|
| Use of cash to procure common carrier transportation | An official at as low an administrative level as permitted by 41 CFR 101-203.2 to ensure adequate consideration and review of the circumstances. |
| Travel on a Government aircraft | Determined under 41 CFR 101-37.405. |
| Acceptance of payment from a non-Federal source for travel expenses | An official at as low an administrative level as permitted by 41 CFR Chapter 304 to ensure adequate consideration and review of the circumstances surrounding the offer and acceptance of the payment. |
| Travel expenses related to attendance at a conference | A senior agency official. |
| All other specific authorizations | An official who may issue the employee a general authorization. |
The following factors must be considered:
(a) The need for the travel;
(b) The use of travel substitutes (e.g., mail, teleconferencing, etc.);
(c) The most cost effective routing and means of accomplishing travel; and
(d) The employee’s travel plans, including plans to take leave in conjunction with travel.
You must establish the following:
(a) The circumstances under which different types of travel authorizations will be used, consistent with the guidelines in this subpart;
(b) Who will be authorized to sign travel authorizations; and
(c) What format you will use for travel authorizations.
Subpart C—Travel Claims for Reimbursement
§ 301-71.200 Who must review and sign travel claims?
The travel authorizing/approving official or their designee (e.g., supervisor of the traveler) must review and sign travel claims to confirm the authorized travel.
§ 301-71.201 What are the reviewing official’s responsibilities?
The reviewing official must have full knowledge of the employee’s activities. The reviewing official must ensure:
(a) The claim is properly prepared in accordance with the pertinent regulations and agency procedures;
(b) A copy of authorization for travel is provided;
(c) The types of expenses claimed are authorized and allowable expenses;
(d) The amounts claimed are accurate; and
(e) The required receipts, statements, justifications, etc. are attached to the travel claim, or once the agency fully deploys ETS and implements electronic scanning, the electronic travel claim includes scanned electronic images of such documents.
Yes, as long as the travel claim was signed by the approving/authorizing official, except for the following, which require advance authorization:
(a) Use of reduced fares for group or charter arrangements;
(b) Payment of a reduced rate of per diem for subsistence expenses;
(c) Acceptance of payment from a non-Federal source for travel expenses; and
(d) Travel expenses related to attendance at a conference.
§ 301-71.203 Who is responsible for the validity of the travel claim?
The certifying officer assumes ultimate responsibility under 31 U.S.C. 3528 for the validity of the claim; however:
(a) The traveler must ensure all travel expenses are prudent and necessary and submit the expenses in the form of a proper claim;
(b) The authorizing/approving official shall review the completed claim to ensure that the claim is properly prepared in accordance with regulations and agency procedures prior to authorizing it for payment.
You should consider limiting the levels of approval to the lowest level of management.
§ 301-71.204 Within how many calendar days after the submission of a proper travel claim must we reimburse the employee’s allowable expenses?
You must reimburse the employee within 30 calendar days after the employee submits a proper travel claim to the agency’s designated approving office. You must use a satisfactory recordkeeping system to track submission of travel claims. For example, travel claims submitted by mail, in accordance with agency policy, could be annotated with the time and date of receipt by the agency. You could consider travel claims electronically submitted to the designated approving office as submitted on the date indicated on an e-mail log, or on the next business day if submitted after normal working hours. However, claims for the following relocation allowances are exempt from this provision:
(a) Transportation and storage of household goods and professional books, papers and equipment;
(b) Transportation of mobile home;
(c) Transportation of a privately owned vehicle;
(d) Temporary quarters subsistence expense, when not paid as lump sum;
(e) Residence transaction expenses;
(f) Relocation income tax allowance;
(g) Use of a relocation services company;
(h) Home marketing incentive payments; and
(i) Allowance for property management services.
§ 301-71.205 Under what circumstances may we disallow a claim for an expense?
If the employee:
(a) Does not properly itemize expenses;
(b) Does not provide required receipts or other documentation to support the claim; or
(c) Claims an expense which is not authorized.
§ 301-71.206 What must we do if we disallow a travel claim?
You must:
(a) Pay the employee the amount of the travel claim which is not in dispute;
(b) Notify the employee that the claim was disallowed with a detailed explanation of why; and
(c) Tell the employee how to appeal the disallowance if the employee desires an appeal, and your process and schedule for deciding the appeal.
§ 301-71.207 What internal policies and procedures must we establish for travel reimbursement?
You must establish policies and procedures governing:
(a) Who are the proper officials to review, approve, and certify travel claims (including travel claims requiring special authorization);
(b) How an employee should submit a travel claim (including whether to use a standard form or an agency form and whether the form should be written or electronic);
(c) When you will exempt employees from the requirement for a receipt;
(d) Timeframes for employee to submit a claim (see § 301-52.7);
(e) Timeframe for agency to pay a claim (see § 301-71.204);
(f) Process for disallowing a claim; and
(g) Process for resolving a disallowed claim.
§ 301-71.208 Within how many calendar days after submission of a proper travel claim must we notify the employee of any errors in the claim?
You must notify the employee as soon as practicable after the employee’s submission of the travel claim of any error that would prevent payment within 30 calendar days after submission and provide the reason(s) why the claim is not proper. However, not later than May 1, 2002, you must achieve a maximum time period of seven working days for notifying an employee that the travel claim is not proper.
§ 301-71.209 Must we pay a late payment fee if we fail to reimburse the employee within 30 calendar days after receipt of a proper travel claim?
Yes, a late payment fee, in addition to the amount due the employee, must be paid for any proper travel claim not reimbursed within 30 calendar days of submission to the approving official.
§ 301-71.210 How do we calculate late payment fees?
Late payment fees are calculated either by:
(a) Using the prevailing Prompt Payment Act Interest Rate beginning on the 31st day after submission of a proper travel claim and ending on the date on which payment is made; or
(b) A flat fee, of not less than the prompt payment amount, based on an agencywide average of travel claim payments; and
(c) In addition to the fee required by paragraphs (a) and (b) of this section, you must also pay an amount equivalent to any late payment charge that the card contractor would have been able to charge had the employee not paid the bill. Payment of this additional fee will be based upon the effective date that a late payment charge would be allowed under the agreement between the employee and the card contractor.
§ 301-71.211 Is there a minimum amount the late payment fee must exceed before we will pay it?
Yes, a late payment fee will only be paid when the computed late payment fee is $1.00 or greater.
§ 301-71.212 Should we report late payment fees as wages on a Form W-2?
No, the Internal Revenue Service (IRS) has determined that the late payment fee is in the nature of interest (compensation for the use of money).
§ 301-71.213 Is the additional fee, which is the equivalent to any late payment charge that the card contractor would have been able to charge had the employee not paid the bill, considered income?
Yes, you must report this late payment fee as additional wages on Form W-2.
§ 301-71.214 Does mandatory use of the Government contractor-issued travel charge card change the employee’s obligation to pay their travel card bill by the due date?
No, mandatory use of the Government contractor-issued travel charge card does not relieve the employee of their obligation to honor their cardholder payment agreement.
Subpart D—Accounting for Travel Advances
§ 301-71.300 What is the policy governing the use of travel advances?
You should minimize the use of cash travel advances. However, you should not require an employee to pay travel expenses using personal funds unless the employee has elected not to use alternative resources provided by the Government, such as a Government contractor-issued charge card.
§ 301-71.301 In situations where a lodging facility requires the payment of a deposit, may we reimburse an employee for an advance room deposit prior to the beginning of scheduled official travel?
Yes, you may reimburse an employee an advance room deposit, when such a deposit is required by the lodging facility to secure a room reservation, prior to the beginning of an employee’s scheduled official travel. However, if the employee is reimbursed the advance room deposit, but fails to perform the scheduled official travel for reasons not acceptable to the agency, resulting in the forfeit of the deposit, the employee is indebted to the Government and must repay that amount in a timely manner as prescribed by you.
§ 301-71.302 For how long may we issue a travel advance?
You may issue a travel advance for a reasonable period not to exceed 45 days.
§ 301-71.303 What data must we capture in our travel advance accounting system?
You must capture the following data:
(a) The name and social security number of each employee who has an advance;
(b) The amount of the advance;
(c) The date of issuance; and
(d) The date of reconciliation for unused portions of travel advances.
§ 301-71.304 Are we responsible for ensuring the collection of outstanding travel advances?
Yes.
§ 301-71.305 When must an employee account for a travel advance?
An employee must account for an outstanding travel advance each time a travel claim is filed. If the employee receives a travel advance but determines that the related travel will not be performed, then the employee must inform you that the travel will not be performed and repay the advance at that time.
§ 301-71.306 Are there exceptions to collecting an advance at the time the employee files a travel claim?
Yes, when the employee is in a continuous travel status and
(a) You review each outstanding travel advance on a periodic basis (the period will be for a reasonable time of 45 days or less); and
(b) You determine the amount, if any, of the outstanding balance exceeds the amount of estimated travel expenses for the authorized period and collect the excess amount from the employee.
§ 301-71.307 How do we collect the amount of a travel advance in excess of the amount of travel expenses substantiated by the employee?
When the outstanding advance exceeds what you owe the employee, then the employee must submit cash or a check for the difference in accordance with your policy. Your failure to collect the amount in excess of substantiated expenses will cause a violation of the accountable plan rules contained in the Internal Revenue Code (title 26 of the United States Code).
§ 301-71.308 What should we do if the employee does not pay back a travel advance when the travel claim is filed?
You should take alternative steps to collect the debt including:
(a) Offset against the employee’s salary, a retirement credit, or other amount owed the employee;
(b) Deduction from an amount the Government owes the employee; or
(c) Any other legal method of recovery.
§ 301-71.309 What internal policies and procedures must we establish governing travel advances?
Accountability for cash advances for travel, recovery, and reimbursement shall be in accordance with procedures prescribed by the Government Accountability Office (see Government Accountability Office Policy and Procedures Manual for Guidance of Federal Agencies, Title 7, Fiscal Procedures).
PART 301-72—AGENCY RESPONSIBILITIES RELATED TO COMMON CARRIER TRANSPORTATION
Subpart A—Procurement of Common Carrier Transportation
§ 301-72.1 Why is common carrier presumed to be the most advantageous method of transportation?
Travel by common carrier is presumed to be the most advantageous method of transportation because it generally results in the most efficient, least costly, most expeditious means of transportation and the most efficient use of energy resources.
§ 301-72.2 May we utilize methods of transportation other than common carrier (e.g., POVs, chartered vehicles, etc.)?
Yes, but only when use of common carrier transportation:
(a) Would interfere with the performance of official business;
(b) Would impose an undue hardship upon the traveler; or
(c) When the total cost by common carrier would exceed the cost of the other method of transportation.
You must authorize one or more of the following as appropriate:
(a) GSA’s Government contractor-issued individually billed charge card(s);
(b) Agency centrally billed or other established accounts;
(c) Cash payments (personal funds or travel advances in the form of travelers checks or authorized ATM cash withdrawals) when the cost of transportation is less than $100, under § 301-51.100 of this chapter (cash may or may not be accepted by the carrier for the purchase of city pair fares); or
(d) GTR(s) when no other option is available or feasible.
Subpart B—Accounting for Common Carrier Transportation
§ 301-72.100 What must my travel accounting system do in relation to common carrier transportation?
Your system must:
(a) Authorize the use of cash in accordance with § 301-51.100 or as otherwise required;
(b) Correlate travel data accumulated by your authorization and claims accounting systems with common carrier transportation documents and data for audit purposes;
(c) Identify unused tickets for refund;
(d) Collect unused, partially used, or downgraded/exchanged tickets, from travelers upon completion of travel;
(e) Track denied boarding compensation from employees;
(f) Identify and collect refunds due from carriers for overpayments, or unused, partially used, or downgraded/exchanged tickets; and
(g) Reconcile all centrally billed travel expenses (e.g., airline, lodging, car rentals, etc.) with travel authorizations and claims to assure that only authorized charges are paid.
You should provide the employee:
(a) Notice that the employee is accountable for all tickets, GTRs and other transportation documents;
(b) Your procedures for the control and accounting of common carrier transportation documents, including the procedures for submitting unused, partially used, downgraded/exchanged tickets, refund receipts or ticket refund applications, and denied boarding compensation; and
(c) A credit/refund address so the carrier can credit/refund the agency for unused tickets (when the tickets have been issued using an agency centrally billed account or by GTR).
Subpart C—Cash Payments for Procuring Common Carrier Transportation Services
In accordance with § 301-51.100.
§ 301-72.201 What must we do if an employee uses cash in excess of the $100 limit to purchase common carrier transportation?
To justify the use of cash in excess of $100, both the agency and traveler must certify on the travel claim the necessity for such use. See 41 CFR 101-41.203-2.
§ 301-72.202 Who may approve cash payments in excess of the $100 limit?
You must ensure the delegation of authority for the authorization or approval of cash payments over the $100 limit is in accordance with 41 CFR 101-41.203-2.
§ 301-72.203 When may we limit traveler reimbursement for a cash payment?
If you determine that the cash payment was made under a non-emergency circumstance, reimbursement to the traveler must not exceed the cost which would have been properly chargeable to the Government had the traveler used a government provided payment resource, (e.g., individual Government contractor-issued travel charge card, centrally billed account, or GTR). However, an agency can determine to make full payment when circumstances warrant (e.g., invitational travel, infrequent travelers and interviewees).
§ 301-72.204 What must we do to minimize the need for a traveler to use cash to procure common carrier transportation services?
You must establish procedures to encourage travelers to use the GSA individual Government contractor-issued travel charge card(s), or your agency’s centrally billed or other established account, or a GTR (when no other option is available or feasible).
Subpart D—Unused, Partially Used, Exchanged, Canceled, or Oversold Common Carrier Transportation Services
§ 301-72.300 What procedures must we establish to collect unused, partially used, and exchanged tickets?
You must establish administrative procedures providing:
(a) Written instructions explaining traveler liability for the value of tickets issued until all ticket coupons are used or properly accounted for on the travel voucher;
(b) Instructions for submitting payments received from carriers for failure to provide confirmed reserved space;
(c) The traveler with a “bill charges to” address, so that the traveler can provide this information to the carrier for returned or exchanged tickets.
(d) Procedures for promptly identifying any unused tickets, coupons, or other evidence of refund due the Government.
§ 301-72.301 How do we process unused, partially used, and exchanged tickets?
(a) For unused or partially used tickets purchased with GTRs: You must obtain the unused or partially used ticket from the traveler, issue Standard Form 1170 (SF 1170) “Redemption of Unused Ticket” to the airline and or travel agency that issued the ticket, maintain a suspense file to monitor the airline/travel agency refund, and record and deposit the airline/travel agency refund upon receipt. See 41 CFR 102-118.145 and the U.S. Government Passenger Transportation Handbook (https://www.gsa.gov/transaudits) for policies and procedures regarding the use of SF 1170.
(b) For unused or partially used tickets purchased under centrally billed accounts: You must obtain the unused ticket from the traveler, return it to the issuing office that furnished the airline ticket, obtain a receipt indicating a credit is due, and confirm that the value of the unused ticket has been credited to the centrally billed account.
(c) For exchanged tickets purchased with GTRs: You must obtain the airline/travel agency refund application or receipt from the traveler, and maintain a suspense file to monitor the airline/travel agency refund. For additional guidance see 41 CFR 102-118.145 and the U.S. Government Passenger Transportation Handbook (https://www.gsa.gov/transaudits).
PART 301-73—TRAVEL PROGRAMS
Subpart A—General Rules
§ 301-73.1 What does the Federal travel management program include?
The Federal travel management program includes—
(a) A travel authorization and claim system that implements the related requirements of the Federal Travel Regulation. (See §§ 301-2.1 and 301-52.3 and part 301-71 of this chapter for those requirements);
(b) A TMS that provides reservation and ticketing support and management reports on reservation and ticketing activities. (See § 301-73.106 for specific services that should be provided by a TMS);
(c) A Travel payment system for paying travel service providers in accordance to §§ 301-73.300 and 301-73.301 of this chapter;
(d) Contracts and similar arrangements, with transportation and lodging providers (e.g., Government-contract air carriers, rental car companies, trains, hotels (e.g., FedRooms® properties), etc.) that give preferential rates and other benefits to Federal travelers on official business; and
(e) A Travel Management Reporting System that covers financial and other travel characteristics required by the biennial Travel Survey (see §§ 300-70.1 through 300-70.4 of this title).
The E-Gov Travel Service (ETS) fulfills the requirements of paragraphs (a), (b), and (e) of this section.
§ 301-73.2 What are our responsibilities as participants in the Federal travel management program?
As a participant in the Federal travel management program, you must—
(a) Designate an authorized representative to administer the program including leading your agency’s migration of ETS;
(b) Ensure that you have internal policies and procedures in place to govern use of the program including a plan and timeline to implement ETS no later than December 31, 2004, with agency-wide migration to ETS completed no later than September 30, 2006;
(c) Establish a plan that will measure direct and indirect cost savings and management efficiencies through the use of ETS once deployed. This plan must include your migration plan and schedule which must be submitted by March 31, 2004 to the E-Gov Travel Program Management Office (PMO) (see § 301-73.101);
(d) Require employees to use ETS in lieu of your TMS as soon as it becomes available in your agency (unless an exception has been granted in accordance with § 301-73.102 or § 301-73.104), but no later than September 30, 2006; and
(e) Ensure that any agency-contracted travel agency services (TMS) complement and support ETS in an efficient and cost effective manner.
Subpart B—eTravel Service and Travel Management Service
§ 301-73.100 Must we require employees to use the E-Gov Travel Service?
Yes, unless you have an exception to the use of the ETS (see §§ 301-73.102 and 301-73.104), you must have fully deployed the ETS across your agency and require employees to use the ETS for all temporary duty travel no later than September 30, 2006. Agencies must submit their ETS migration plans and schedules by March 31, 2004 to the eTravel PMO, (see § 301-73.101). You must implement the ETS no later than December 31, 2004, and require employees to use the ETS as soon as it becomes available in your agency. The Department of Defense and the Government of the District of Columbia are not subject to this requirement.
(1) You have the option to use the contracted travel agent service(s) of your choice (through the ETS or other contract vehicles). You have the responsibility for ensuring agency-contracted travel agent services complement and support the ETS in an efficient and cost effective manner.
(2) Award of a task order to a vendor on the ETS Master Contract constitutes ETS implementation. Agency-wide use of the ETS for all travel management processes and travel claim submission constitutes complete migration.
§ 301-73.101 How must we prepare to implement ETS?
You must prepare to implement ETS as expeditiously as possible by—
(a) Developing a migration plan and schedule to deploy ETS across your agency as early as possible with full deployment required no later than September 30, 2006;
(b) Requiring employees to use your ETS unless you approve an exception under § 301-50.6, § 301-73.102 or § 301-73.104;
(c) Establishing goals, plans and procedures to maximize agency-wide traveler use of your online self-service booking tool once you have fully deployed ETS within your agency. These goals, plans, and procedures should be available for submission to the ETS PMO upon its request.
Your agency should work with the Office of Management and Budget (OMB) to allocate budget and personnel resources to support ETS migration and data exchange. Your agency is responsible for providing the funds required to establish interfaces between the ETS standard data output and applicable business systems (e.g., financial, human resources, etc.).
Best practices show that organizations are able to realize significant benefits once they achieve a 70 percent or greater self-booking rate.
§ 301-73.102 May we grant a traveler an exception from required use of TMS or ETS once we have fully deployed ETS within the agency?
(a) Yes, your agency head or their designee may grant an individual case by case exception to required use of your agency’s current TMS or to required use of ETS once it is fully deployed within the agency, but only when travel meets one of the following conditions:
(1) Such use would result in an unreasonable burden on mission accomplishment (e.g., emergency travel is involved and TMS/ETS is not accessible; the traveler is performing invitational travel; or the traveler has special needs or requires disability accommodations in accordance with part 301-13 of this chapter).
(2) Such use would compromise a national security interest.
(3) Such use might endanger the traveler’s life (e.g., the individual is traveling under the Federal witness protection program, or is a threatened law enforcement/investigative officer traveling under part 301-31 of this chapter).
(b) Any exception granted must be consistent with any contractual terms applicable to your current TMS or ETS, once it is fully deployed, and must not cause a breach of contract terms.
§ 301-73.103 What must we do when we approve an exception to the use of the E-Gov Travel Service?
The head of your agency or their designee must approve an exception to the use of the ETS under § 301-73.102 in writing or through electronic means.
§ 301-73.104 May further exceptions to the required use of the E-Gov Travel Service be approved?
(a) The Administrator of General Services or the Administrator’s designee may grant an agency-wide exception (or exempt a component thereof) from the required use of ETS when requested by the head of a Department (cabinet-level agency) or head of an Independent agency when—
(1) The agency has presented a business case analysis to the General Services Administration that proves that it has an alternative TMS to the ETS that is in the best interest of the Government and the taxpayer (i.e., the agency has evaluated the economic and service values offered by the ETS contractor(s) compared to those offered by the agency’s current Travel Management Service (TMS) and has determined that the agency’s current TMS is a better value);
(2) The agency has security, secrecy, or protection of information issues that cannot be mitigated through security provided by the ETS contractors;
(3) The agency lacks the technology necessary to access ETS; or
(4) The agency has critical and unique technology or business requirements that cannot be accommodated by the ETS contractors at all or at an acceptable and reasonable price (e.g., majority of travel is group-travel).
(b) As a condition of receiving an exception, the agency must agree to conduct annual business case reviews of its TMS and must provide to the eTravel PMO data elements required by the eTravel PMO in a format prescribed by the eTravel PMO.
(c) Requests for exceptions should be sent to the Administrator, General Services Administration, 1800 F Street, NW., Washington, DC 20405 with full justification and/or analysis addressing paragraphs (a)(1), (a)(2), (a)(3), or (a)(4) of this section.
§ 301-73.105 What are the consequences of an employee not using the E-Gov Travel Service or the TMS?
If an employee does not use the ETS (when available) or your agency’s designated TMS, the employee is responsible for any additional costs (see § 301-50.5 of this chapter) resulting from the failure to use the ETS or your TMS. In addition, you may take appropriate disciplinary actions.
§ 301-73.106 What are the basic services that should be covered by a TMS?
The TMS must, at a minimum—
(a) Include a Travel Management Center (TMC), commercial ticket office (CTO), an in-house system, an electronically available system, or other method(s) of arranging travel, which has the ability to provide the following as appropriate to the agency’s travel needs:
(1) Booking and fulfillment of common carrier arrangements (e.g., flight confirmation and seat assignment, compliance with the Fly America Act, Governmentwide travel policies, contract city-pair fares, electronic ticketing, ticket delivery, etc.).
(2) Lodging information (e.g., room availability, reservations and confirmation, compliance with Hotel/Motel Fire Safety Act, availability of FedRooms® properties, per diem rate availability, etc.).
(3) Car rental and rail information (e.g., availability of Defense Travel Management Office (DTMO) Government agreement rates where applicable, confirmation of reservations, etc.).
(b) Provide basic management information, such as—
(1) Number of reservations by type of service (common carrier, lodging, and car rental);
(2) Extent to which reservations are in compliance with policy and reasons for exceptions;
(3) Origin and destination points of common carrier usage;
(4) Destination points for lodging accommodations;
(5) Number of lodging nights in approved accommodations;
(6) City or location where car rentals are obtained; and
(7) Other tasks, e.g., reconciliation of charges on centrally billed accounts and processing ticket refunds.
The ETS fulfills the basic services of a TMS. You have the option to use the contracted travel agent service(s) of your choice through ETS or other contract vehicles. You have the responsibility to ensure that agency-contracted-for travel agent services complement and support the ETS in an efficient and cost effective manner. (See § 301-73.2).
Subpart C—Contract Passenger Transportation Services
§ 301-73.200 Must we require our employees to use GSA’s contract passenger transportation services program?
Yes, if such services are available to your agency.
§ 301-73.201 What method of payment may be used for contract passenger transportation service?
GSA individual Government contractor-issued travel charge card(s), or your agency centrally billed or other established account, or a GTR (when no other option is available or feasible).
§ 301-73.202 Can contract fares be used for personal travel?
No.
Subpart D—Travel Payment System
§ 301-73.300 What is a travel payment system?
A system to facilitate the payment of official travel and transportation expenses which includes, but is not limited to:
(a) Issuance and maintenance of Government contractor-issued individually billed charge cards;
(b) Establishment of centrally billed accounts for the purchase of travel and transportation services;
(c) Issuance of travelers checks; and
(d) Provision of automated-teller-machine (ATM) services worldwide.
§ 301-73.301 How do we obtain travel payment system services?
You may participate in GSA’s or another Federal agency’s travel payment system services program or you may contract directly with a travel payment system service if your agency has contracting authority and you are not a mandatory user of GSA’s charge card program.
Under the new GSA charge card program effective November 30, 1998, it will be your responsibility to select the vendor that will be most beneficial to your agency’s travel and transportation needs.
PART 301-74—CONFERENCE PLANNING
Subpart A—Agency Responsibilities
Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the agency.
§ 301-74.1 What policies must we follow in planning a conference?
When planning a conference, you must:
(a) Minimize all conference costs, including administrative costs, conference attendees’ travel costs, and conference attendees’ time costs;
(b) Maximize the use of Government-owned or Government provided conference facilities as much as possible;
(c) Identify opportunities to reduce costs in selecting a particular conference location and facility (e.g., through the availability of lower rates during the off-season at a site with seasonal rates); and
(d) Ensure that the conference planner or designee does not retain for personal use any promotional benefits or materials received from a travel service provider as a result of booking the conference (see §§ 301-53.2 and 301-53.3 of this chapter); and
(e) Develop and establish internal policies to ensure these standards are met.
§ 301-74.2 What costs should be considered when planning a conference?
When planning a conference, you should consider all direct and indirect conference costs paid by the Government, whether paid directly by agencies or reimbursed by agencies to travelers or others associated with the conference. Some examples of such costs are:
(a) Authorized travel and per diem expenses;
(b) Hire of rooms for official business;
(c) Audiovisual and other equipment usage;
(d) Computer and telephone access fees;
(e) Light refreshments;
(f) Printing;
(g) Registration fees;
(h) Ground transportation; and
(i) Employees’ time at the conference and on en route travel.
§ 301-74.3 What must we do to determine which conference expenditures result in the greatest advantage to the Government?
To determine conference expenditures, you must:
(a) Assure there is appropriate management oversight of the conference planning process;
(b) Always do cost comparisons of the size, scope, and location of the proposed conference;
(c) Determine if a Government facility is available at a cheaper rate than a commercial facility;
(d) Consider alternatives to a conference, e.g., teleconferencing; and
(e) Maintain written documentation of the alternatives considered and the selection rationale used.
§ 301-74.4 What should cost comparisons include?
Cost comparisons should include, but not be limited to, a determination of adequacy of lodging rooms at the established per diem rates, overall convenience of the conference location, fees, availability of meeting space, equipment, and supplies, and commuting or travel distance of attendees.
§ 301-74.5 How should we select a location and a facility?
Site selection is a final decision as to where to hold your conference. The term “site” refers to both the geographical location and the specific facility(ies) selected. In determining the best site in the interest of the Government, you should exercise strict fiscal responsibility to minimize costs. The actions in § 301-74.3 must be followed. Cost comparisons must cover factors such as those listed in § 301-74.4. As part of the cost comparison, you must use the established per diem rate for the locations for which you are comparing costs.
§ 301-74.6 What can we do if we cannot find an appropriate conference facility at the chosen locality per diem rate?
While it is always desirable to obtain lodging facilities within the established lodging portion of the per diem rate for the chosen locality, it may not always be possible. In those instances when lodging is not available at the applicable per diem rate, travelers should construct a cost comparison of all associated costs, including round-trip ground transportation, between finding lodging at the applicable per diem rate away from the conference locality and using the actual expense method at the conference locality as prescribed in subpart D of part 301-11 of this chapter.
§ 301-74.7 May we provide light refreshments at an official conference?
Yes. Agencies sponsoring a conference may provide light refreshments to agency employees attending an official conference. Light refreshments for morning, afternoon or evening breaks are defined to include, but not be limited to, coffee, tea, milk, juice, soft drinks, donuts, bagels, fruit, pretzels, cookies, chips, or muffins.
§ 301-74.8 May we include conference administrative costs in an employee’s per diem allowance payment for attendance at a conference?
No. Per diem is intended only to reimburse the attendee’s subsistence expenses. You must pay conference registration fees separately, either directly or by reimbursing employees who pay such expenses and submit travel claims.
§ 301-74.9 Are there any special requirements for sponsoring or funding a conference at a hotel, motel or other place of public accommodation?
Yes. When you sponsor or fund (see 15 U.S.C. 2225a), in whole or in part, a conference at a place of public accommodation in the United States, you must use an approved accommodation (see § 300-3.1 of this title), except as provided in § 301-74.10. This provision also applies to the government of the District of Columbia when it expends Federal funds for a conference and any non-Federal entity which uses Government funds to sponsor or fund a conference.
§ 301-74.10 May we waive the requirement in § 301-74.9?
Yes, if the head of your agency makes a written determination on an individual case basis that waiver of the requirement to use approved accommodations is necessary in the public interest for a particular event. Your agency head may delegate this waiver authority to a senior agency official or employee who is given waiver authority with respect to all conferences sponsored or funded, in whole or in part, by your agency.
§ 301-74.11 What must be included in any advertisement or application form relating to conference attendance?
Any advertisement or application for attendance at a conference described in § 301-74.9 must include notice of the prohibition against using a non-FEMA approved place of public accommodation for conferences. In addition, any executive agency, as defined in 5 U.S.C. 105, shall notify all non-Federal entities to which it provides Federal funds of this prohibition.
§ 301-74.12 What special rules apply when a conference is held in the District of Columbia?
In addition to the general rules provided in this part, the following special rules apply:
(a) You may not directly procure lodging facilities in the District of Columbia without specific authorization and appropriation from Congress (see 40 U.S.C. 8141); and
This provision does not prohibit payment of per diem to an employee authorized to obtain lodging in the District of Columbia while performing official business travel.
(b) It is no longer mandatory that you contact GSA for meeting or conference facilities in the District of Columbia. However, you are encouraged to contact the GSA Public Buildings Service (PBS) of the National Capital Region to inquire about the availability of short-term conference and meeting facilities in the District of Columbia. For additional information see the Customer Desk Guide for Real Property Management, Chapter 1. The Customer Desk Guide can be found on the worldwide web at https://www.gsa.gov/cdnstatic/Guide_to_Real_Property_508.pdf.
§ 301-74.13 What policies and procedures must we establish to govern the selection of conference attendees?
You must establish policies that reduce the overall cost of conference attendance. The policies and procedures must:
(a) Limit your agency’s representation to the minimum number of attendees determined by a senior official necessary to accomplish your agency’s mission; and
(b) Provide for the consideration of travel expenses when selecting attendees.
§ 301-74.14 What records must we maintain to document the selection of a conference site?
For each conference you sponsor or fund, in whole or in part for 30 or more attendees, you must maintain a record of the cost of each alternative conference site considered. You must consider at least three sites. You must make these records available for inspection by your Office of the Inspector General or other interested parties.
Subpart B—Conference Attendees
Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the agency.
§ 301-74.21 What is the applicable M&IE rate when meals or light refreshments are furnished by the Government or are included in the registration fee?
When meals or light refreshments are furnished by the Government or are included in the registration fee the applicable M&IE will be calculated as follows:
(a) If meals are furnished, the appropriate deduction from the M&IE rate must be made (see § 301-11.18 of this chapter).
(b) If light refreshments are furnished, no deduction of the M&IE allowance is required.
You may authorize actual expenses under § 301-11.300 of this chapter when the applicable lodging rate is inadequate.
§ 301-74.23 May we reimburse travelers for an advanced payment of a conference or training registration fee?
Yes, you may reimburse travelers for an advanced discounted payment for a conference or training registration fee as soon as you have approved their travel to that event, and they submit a proper claim for the expenses incurred.
§ 301-74.24 What is the traveler required to do if they are unable to attend an event for which they were reimbursed for an advanced discounted payment of a conference or training registration fee?
In all cases where a traveler is unable to attend an event for which a discounted registration fee was paid and reimbursed in advance of the event, the traveler must seek a refund of the registration fee and repay the agency with any refund received. If no refund is made, the agency must absorb the advanced payment if the traveler’s failure to attend the event was caused either by an agency decision or for reasons beyond the employee’s control that are acceptable to the agency, e.g., unforeseen illness or emergency. If no refund is made, and the traveler’s failure to attend the scheduled event is due to reasons deemed unexcusable by the agency, the traveler must repay the agency for the amount advanced.
PART 301-75—PRE-EMPLOYMENT INTERVIEW TRAVEL
Subpart A—General Rules
§ 301-75.1 What is the purpose of the allowance for pre-employment interview travel expenses?
To help you recruit highly qualified individuals.
§ 301-75.2 May we pay pre-employment interview travel expenses?
Yes, if you determine it is in the best interest of the Government to do so. However, pre-employment travel expenses may not be authorized to offset or defray other expenses not allowable under this subpart.
You must establish policies and procedures governing:
(a) When you will pay pre-employment interview travel expenses, including the criteria for determining which individuals or positions qualify for payment of such expenses;
(b) Who will determine, in each individual case, that a person qualifies for pre-employment interview travel expenses; and
(c) Who will determine what expenses you will pay for each individual interviewee.
§ 301-75.4 What other responsibilities do we have for pre-employment interview travel?
You must:
(a) Provide your interviewees with a list of FEMA approved accommodations in the vicinity of the interview, and encourage them to stay in an approved accommodation;
(b) Inform the interviewee that the interviewee is responsible for excess cost and any additional expenses that they incur for personal preference or convenience;
(c) Inform the interviewee that the Government will not pay for excess costs resulting from circuitous routes, delays, or luxury accommodations or services unnecessary or unjustified in the performance of official business;
(d) Assist the interviewee in preparing the travel claim;
(e) Provide the interviewee with instructions on how to submit the claim; and
(f) Inform the interviewee that the interviewee may subject themselves to criminal penalties if they knowingly present a false, fictitious, or fraudulent travel claim (See 18 U.S.C. 287 and 1001).
Subpart B—Travel Expenses
§ 301-75.100 Must we pay all of the interviewee’s pre-employment interview travel expenses?
If you decide to pay the interviewee per diem or common carrier transportation costs, you must pay the full amount of such cost to which the interviewee would be entitled if the interviewee were a Government employee traveling on official business.
§ 301-75.101 What pre-employment interview travel expenses may we pay?
You may pay the following expenses:
(a) Transportation expenses as provided in part 301-10 of this chapter;
(b) Per diem expenses as provided in part 301-11 of this chapter;
(c) Miscellaneous expenses as provided in part 301-12 of this chapter; and
(d) Travel expenses of an individual with a disability or special need as provided in part 301-13 of this chapter.
§ 301-75.102 What pre-employment interview travel expenses are not payable?
You may not pay expenses for:
(a) Use of communication services for purposes other than communication directly related to travel arrangement for the Government interview.
(b) Hire of a room at a hotel or other place to transact official business.
You must provide the interviewee with one of the following:
(a) A common carrier ticket;
(b) A GTR; or
(c) A point of contact with your travel management center to arrange the common carrier transportation. In this instance, you must notify the travel management center that the interviewee is authorized to receive a ticket for the trip;
(d) Written instructions explaining your procedures and the liability of the interviewee for controlling and accounting for passenger transportation documents, if common carrier transportation is required;
(e) A credit/refund address for any common carrier transportation provided for unused government furnished tickets.
Subpart C—Obtaining Travel Services and Claiming Reimbursement
§ 301-75.200 How will we pay for pre-employment interviewee travel expenses?
| For | You will |
|---|---|
| Common carrier transportation expenses other than transit systems at the agency’s location | Bill the expenses to a centrally billed or other agency established account or provide the traveler with a GTR when no other option is available or feasible. |
| Other expenses | Require payment by the interviewee and reimburse the interviewee for allowable travel expenses upon submission and approval of the interviewee’s travel claim. |
§ 301-75.201 May we allow the interviewee to use individual Government contractor-issued charge cards for pre-employment interview travel?
No.
§ 301-75.202 What must we do if the interviewee exchanges the ticket they have been issued?
| If | You will inform the traveler |
|---|---|
| The new ticket is more expensive than the ticket you provided | That the traveler must pay the difference using personal funds and the traveler will not receive reimbursement for the extra amount. |
| The new ticket is less expensive than the ticket you provided | Provide the interviewee with a credit/refund address by attaching a copy of the GTR, or some other document containing this information, to either the ticket or the travel authorization as provided in U.S. Government Passenger Transportation Handbook ( |
§ 301-75.203 May we provide the interviewee with a travel advance?
No.
§ 301-75.204 May we use Government contractor-issued travelers checks to pay for the interviewee’s travel expenses?
No.
§ 301-75.205 Is the interviewee required to submit a travel claim to us?
No. Only if the interviewee wants to be reimbursed, then they must submit a travel claim in accordance with your agency procedures in order to receive reimbursement for pre-employment interview travel expense.
PART 301-76—COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE CARD
Subpart A—General Rules
Use of pronouns “we”, “you”, and their variants throughout this part refers to the agency.
§ 301-76.1 May we collect undisputed delinquent amounts that an employee (including members of the uniformed services) owes to a Government travel charge card contractor?
Yes, upon written request from the contractor and in accordance with the procedures specified in § 301-76.100, you may collect undisputed amounts owed to a Government travel charge card contractor from the delinquent employee’s disposable pay. You must promptly forward all amounts deducted to the contractor.
§ 301-76.2 What is disposable pay?
Disposable pay is the part of the employee’s compensation remaining after the deduction of any amounts required by law to be withheld. These deductions do not include discretionary deductions such as savings bonds, charitable contributions, etc. Deductions may be made from any type of pay, e.g., basic pay, special pay, retirement pay, or incentive pay.
Subpart B—Policies and Procedures
Use of pronouns “we”, “you”, and their variants throughout this part refers to the agency.
§ 301-76.100 Are there any due process requirements with which we must comply before collecting undisputed delinquent amounts on behalf of the charge card contractor?
Yes, you must:
(a) Provide the employee with written notice of the type and amount of the claim, the intention to collect the claim by deduction from the employee’s disposable pay, and an explanation of the employee’s rights as a debtor;
(b) Give the employee the opportunity to inspect and copy your records related to the claim;
(c) Allow an opportunity for a review within the agency of your decision to collect the amount; and
(d) Provide the employee an opportunity to make a written agreement with the contractor to repay the delinquent amount.
§ 301-76.101 Who is responsible for ensuring that all due process and legal requirements have been met?
You are responsible for ensuring that all requirements have been met.
§ 301-76.102 Can we collect undisputed delinquent amounts if we have not reimbursed the employee for amounts reimbursable under applicable travel regulations?
No, you may only collect undisputed delinquent amounts after you have reimbursed the employee under the applicable travel regulations and in accordance with a proper travel claim. However, if the employee has not submitted a proper travel claim within the timeframe requirements of § 301-52.7 of this chapter, and there are no extenuating circumstances, you may collect the undisputed delinquent amounts.
§ 301-76.103 What is the maximum amount we may deduct from the employee’s disposable pay?
As set forth in Public Law 105-264, 112 Stat. 2350, October 19, 1998, the maximum amount you may deduct from the employee’s disposable pay is 15 percent per pay period, unless the employee consents in writing to deduction of a greater percentage.
PARTS 301-77—301-99 [RESERVED]
Appendix A to Chapter 301—Prescribed Maximum Per Diem Rates for CONUS
For the Continental United States (CONUS) per diem rates, see applicable FTR Per Diem Bulletins, issued periodically and available on the Internet at https://www.gsa.gov/perdiem.
Appendix B to Chapter 301—Allocation of M&IE Rates To Be Used in Making Deductions From the M&IE Allowance
For the meals and incidental expenses (M&IE) deduction amounts for localities in CONUS, non-foreign areas, and foreign areas, visit https://www.gsa.gov/mie. Any updates to the amounts will be noted in FTR Per Diem Bulletins, issued periodically and available on the internet.
Appendix C to Chapter 301—Standard Data Elements for Federal Travel [Traveler Identification]
| Group name | Data elements | Description |
|---|---|---|
| Travel Authorization | Authorization Number | Assigned by the appropriate office. |
| Employee Name | First Name, Middle Initial, Last Name | Agency guidelines may specify the order, e.g., last name first. |
| Employee Identification | Employee Number | Must use a number, e.g., SSN, vendor number, or other number that identifies the employee. |
| Travel Purpose Identifier | Employee Emergency | Travel related to an unexpected occurrence/event or injury/illness that affects the employee personally and/or directly that requires immediate action/attention. |
| Mission (Operational) | Travel to a particular site in order to perform operational or managerial activities. Travel to a conference to serve as a speaker, panelist, or provide information in one’s official capacity. Travel to attend a meeting to discuss general agency operations, review status reports, or discuss topics of general interest. | |
| Special Agency Mission | Travel to carry out a special agency mission and/or perform a task outside the agency’s normal course of day-to-day business activities that is unique or distinctive. These special missions are defined by the head of agency and are normally not programmed in the agency annual funding authorization. | |
| Conference—Other Than Training | Travel performed in connection with a prearranged meeting, retreat, convention, seminar, or symposium for consultation or exchange of information or discussion. Agencies have to distinguish between conference and training attendance and use the appropriate identifier (see Training below). | |
| Training | Travel in conjunction with educational activities to become proficient or qualified in one or more areas of responsibility. 5 USC 4101(4) states that “ ‘training’ means the process of providing for and making available to an employee, and placing or enrolling the employee in a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which will improve individual and organizational performance and assist in achieving the agency’s mission and performance goals.” The term “conference” may also apply to training activities that are considered to be conferences under 5 CFR 410.404, which states that “agencies may sponsor an employee’s attendance at a conference as a developmental assignment under section 4110 of title 5, United States Code, when: (a) The announced purpose of the conference is educational or instructional; (b) More than half of the time is scheduled for a planned, organized exchange of information between presenters and audience which meets the definition of training in section 4101 of title 5, United States Code; (c) The content of the conference is germane to improving individual and/or organizational performance, and (d) Development benefits will be derived through the employee’s attendance.” Agencies have to distinguish between conference and training attendance and use the appropriate identifier (see Conference—Other Than Training above). | |
| Relocation | Travel performed in connection with a transfer from one official station to another for employees/immediate family members, as applicable. | |
| Travel Period | Start Date, End Date | Month, Day, Year according to agency guidelines. |
| Travel Type | CONUS/Domestic | Travel within continental United States. |
| OCONUS/Domestic | Travel outside the continental United States. | |
| Foreign | Travel to other countries. | |
| Leave Indicator | Annual, Sick, Other | Identifies leave type as the reason for an interruption of per diem entitlement. |
| Official Station | City, State, Zip | The location where the employee regularly performs their duties or an invitational traveler’s home or regular place of business. If the employee’s work involves recurring travel or varies on a recurring basis, the location where the work activities of the employee’s position of record are based is considered the employee’s official station. |
| Residence | State, Zip, City | The geographical location where employee resides, if different from official station. |
| Payment Method | EFT | Direct deposit via electronic funds transfer. |
| Treasury Check | Payment made by Treasury check. | |
| Imprest Fund | Payment made by Imprest Fund. | |
| Mailing Address | Street Address, City, State, Zip | The location designated by the traveler based on agency guidelines. |
Commercial Transportation Information
| Group name | Data elements | Description |
|---|---|---|
| Transportation Payment | Method employee used to purchase transportation tickets | |
| Method Indicator | GTR | U.S. Government Transportation Request |
| Central Billing Account | A contractor centrally billed account | |
| Government Charge Card | In accordance with and as provided by agency guidelines | |
| Cash | ||
| Transportation Payment Identification Number | Payment ID Number | A number that identifies the payment for the transportation tickets, according to agency guidelines, e.g., GTR number, Govt. contractor-issued charge card number |
| Transportation Method Indicator | Air (other than coach class) | Common carrier used as transportation to TDY location |
| Air (coach class) | ||
| Non-contract Air, Train, Other | ||
| Transportation in Performance of TDY or While at the TDY Location | POV, Car rental, Taxi, TNC, Innovative mobility technology company, Other | Identifies transportation used while in the performance of TDY or while at the TDY location |
Travel Expense Information
| Group name | Data elements | Description |
|---|---|---|
| Per Diem | Total Number of Days | The number of days traveler claims to be on per diem status, for each official travel location |
| Total Amount Claimed | The amount of money traveler claims as per diem expense | |
| Lodging, Meals & Incidentals | ||
| Travel Advance | Advance Outstanding | The amount of travel advance outstanding, when the employee files the travel claim |
| Remaining Balance | The amount of the travel advance that remains outstanding | |
| Subsistence | Actual Days | Total number of days the employee charged actual subsistence expenses |
| The number of days must be expressed as a whole number | ||
| Total Actual Amount | Total amount of actual subsistence expenses claimed as authorized. Actual subsistence rate, per day, may not exceed the maximum subsistence expense rate established for official travel by the Federal Travel Regulation | |
| Transportation Method Cost | Air (other than coach class) | The amount of money the transportation actually cost the traveler, entered according to method of transportation |
| Air (coach class) | ||
| Non-contract Air, Train | ||
| Other | Bus or other form of transportation | |
| Transportation in Performance of TDY or While at the TDY Location | POV mileage | Total number of miles driven in POV |
| POV mileage expense | Total amount claimed as authorized based on mileage rate. Different mileage rates apply based on type and use of the POV | |
| Car rental, Taxi, TNC, Innovative mobility technology company, Other | ||
| Constructive cost | Constructive cost | The difference between the amount authorized to spend versus the amount claimed |
| Reclaim | Reclaim amount | An amount of money previously denied as reimbursement for which additional justification is now provided |
| Total Claim | Total claim | The sum of the amount of money claimed for per diem, actual subsistence, mileage, transportation method cost, and other expenses |
Standard Data Elements for Federal Travel
[Accounting & Certification]
| Group name | Data elements | Description |
|---|---|---|
| Accounting Classification | Accounting Code | Agency accounting code. |
| Non-Federal Source Indicator | Per Diem, Subsistence, Transportation | Indicates the type of travel expense(s) paid, in part or totally, by a non-Federal source. |
| Non-Federal Source Payment Method | Check, EFT, Payment “in-kind” | Total payment provided by non-Federal source according to method of payment. |
| Signature/Date Fields | Claimant Signature | Traveler’s signature, or digital representation. The signature signifies the traveler read the “fraudulent claim/responsibility” statement. |
| Date | Date traveler signed “fraudulent claim/responsibility” statement. | |
| Claimant Signature | Traveler’s signature, or digital representation. The signature signifies the traveler read the “Privacy Act” statement. | |
| Date | Date traveler signed “Privacy Act” statement. | |
| Approving Officer Signature | Approving Officer’s signature, or digital representation. The signature signifies the travel claim is approved for payment based on authorized travel. | |
| Date | Date Approving Officer approved and signed the travel claim. | |
| Certifying Officer Signature | Certifying Officer’s signature, or digital representation. The signature signifies the travel claim is certified correct and proper for payment. | |
| Date | Date Certifying Officer signed the travel claim. |
Appendixes D-E to Chapter 301 [Reserved]
CHAPTER 302—RELOCATION ALLOWANCES
SUBCHAPTER A—INTRODUCTION
PART 302-1—GENERAL RULES
Subpart A—Applicability
Use of pronouns “I”, “you”, and their variants throughout this subpart refers to the employee.
§ 302-1.1 Who is eligible for relocation expense allowances under this chapter?
You are generally eligible for relocation expense allowances under this chapter if you are:
(a) A new appointee appointed to your first official station (as discussed in this chapter);
(b) An employee transferring in the interest of the Government from one agency or duty station to another for permanent duty, and your new duty station meets the 50-mile distance test (see § 302-2.6 of this chapter);
(c) An employee of the United States Postal Service transferred for permanent duty, under 39 U.S.C. 1006, from the Postal Service to an agency as defined in 5 U.S.C. 5721;
(d) An employee performing travel in accordance with your overseas tour renewal agreement (see §§ 302-3.209 through 302-3.224 of this chapter);
(e) An employee returning to their place of residence after completion of a prescribed tour of duty for the purposes of separation from Government service or separation from the overseas assignment for reassignment to the same or different Government agency.
(f) A student trainee assigned to any position upon completion of college work;
(g) An employee eligible for a “last move home” benefit upon separation from the Government (and your immediate family in the event of your death prior to separation or after separation but prior to relocating);
(h) A Department of Defense overseas dependents school system teacher;
(i) A career appointee to the Senior Executive Service (SES) as defined in 5 U.S.C. 3132(a)(4), and a prior SES appointee who is returning to your official residence for separation and who will be retaining SES retirement benefits; or
(j) An employee that is being assigned to a temporary duty station in connection with long-term assignment.
§ 302-1.2 Who is not eligible for relocation expense allowances under this chapter?
You are not eligible to receive relocation expense allowances under this chapter if you are:
(a) A Foreign Service Officer or a Federal employee transferred under the rules of the Foreign Service Act of 1980, as amended;
(b) An officer or an employee transferred under the Central Intelligence Act of 1949, as amended;
(c) A person whose pay and allowances are prescribed under title 37 U.S.C., “Pay and Allowances of the Uniformed Services”
(d) An employee of the Department of Veterans Affairs (VA) to whom 38 U.S.C. 707 applies; or
(e) A person not covered in § 302-1.1.
Subpart B—Requirement to Report Agency Data for Employee Relocation
§ 302-1.100 What is a comprehensive, automated relocation management system?
A comprehensive, automated relocation management system is a system that integrates into a single, electronic environment, information related to all aspects of employee relocation, including these and similar items:
(a) Authorizations;
(b) Reimbursements to employees and service providers;
(c) Househunting trips;
(d) Travel to the new permanent duty station;
(e) Temporary quarters;
(f) Transportation and storage of property;
(g) Residence transactions;
(h) Use of relocation services companies;
(i) Property management services;
(j) Miscellaneous expenses;
(k) Relocation income taxes and allowances;
(l) Appropriate electronic connections to agency payment and finance processes for all of the above; and
(m) Standard and unique reports for use by agency relocation managers, agency executives, GSA, and others as needed.
§ 302-1.101 What actions are agencies expected to take concerning the comprehensive, automated relocation management system?
Agencies should work toward unifying all aspects of relocation into a comprehensive, automated relocation management system.
PART 302-2—EMPLOYEES ELIGIBILITY REQUIREMENTS
Subpart A—General Rules
Use of pronouns “I”, “you”, and their variants throughout this subpart refers to the employee.
§ 302-2.1 When may I begin my relocation?
You may begin your relocation only after your agency has approved your travel authorization (TA) in writing (paper or electronic).
No, you must have the written TA (paper or electronic) before you relocate to your new official station.
§ 302-2.3 What determines my entitlements and allowances for relocation?
Your entitlements and allowances for relocation are determined by the regulatory provisions that are in effect at the time you report for duty at your new official station. However, this does not change the requirement that all aspects of a relocation must be completed by the time specified in §§ 302-2.8 through 302-2.12.
§ 302-2.4 What is my effective transfer or appointment date?
Your effective transfer or appointment date is the date on which you report for duty at your new or first official station, respectively.
Yes, you may relocate from a place other than from where you are authorized. However, you will be required to pay all additional costs incurred for expenses above your authorized travel and transportation cost.
§ 302-2.6 May I be reimbursed for relocation expenses if I relocate to a new official station that does not meet the 50-mile distance test?
Generally no; you may not be reimbursed for relocation expenses if you relocate to a new official station that does not meet the 50-mile distance test.
(a) The distance test is met when the new official station is at least 50 miles further from the employee’s current residence than the old official station is from the same residence. For example, if the old official station is 3 miles from the current residence, then the new official station must be at least 53 miles from that same residence in order to receive relocation expenses for residence transactions. The distance between the official station and residence is the shortest of the commonly traveled routes between them. The distance test does not take into consideration the location of a new residence. This follows the distance guidelines found in Internal Revenue Service Publication 521, Moving Expenses.
(b) The head of your agency or designee may authorize an exception to the 50-mile threshold on a case-by-case basis when the authorized official determines that it is in the best interest of the Government. The determination must take into consideration such factors as commuting time and distance between the employee’s residence at the time of notification of transfer and the new official station.
(c) Any relocation must be incidental to the transfer and not for the convenience of the employee.
§ 302-2.7 What happens if I attempt to defraud the Government?
If you attempt to defraud the Government:
(a) You forfeit reimbursement pursuant to 28 U.S.C. 2514; and
(b) You may be subject under 18 U.S.C. 287 and 1001 to one, or both, of the following:
(1) A fine of not more than $10,000, and/or
(2) Imprisonment for not more than 5 years.
Time Limits
You and your immediate family member(s) may begin travel immediately upon receipt of your authorized TA.
§ 302-2.9 When must I complete all aspects my relocation?
You and your immediate family member(s) must complete all aspects of your relocation within one year from the effective date of your transfer or appointment, except as provided in § 302-2.10 or § 302-2.11.
§ 302-2.10 If I am furloughed to perform active military duty, will I have to complete all aspects of the relocation within the time limitation?
No, if you are furloughed to perform active military duty, the 1-year period to complete all aspects of relocation is exclusive of time spent on furlough for active military service.
§ 302-2.11 Does the 1-year time period in § 302-2.8 include time that I cannot travel and/or transport my household effects due to shipping restrictions to or from my post of duty OCONUS?
No, the 1-year time period in § 302-2.9 does not include time that you cannot travel and/or transport your household effects due to shipping restriction to or from your post of duty OCONUS.
§ 302-2.12 May the 1-year time limitation for completing all aspects of a relocation be extended?
Yes, the 1-year time limitation for completing all aspects of a relocation may be extended by your Agency for up to one additional year, but only if you have received an extension under § 302-11.22.
Service Agreement and Disclosure Statement
§ 302-2.13 What is a service agreement?
(a) A service agreement is a written and signed agreement between you and your agency. The service agreement states that you will remain in the service of the Government, after you have relocated, for a period of time as specified in § 302-2.14. A service agreement must also include the duplicate reimbursement disclosure statement specified in §§ 302-2.21, 302-2.22, and 302-2.100(g).
(b) A service agreement is not required for a “last move home” relocation, a temporary change of station, or separation from Government service.
§ 302-2.14 Am I required to sign a service agreement for an appointment or transfer CONUS or Outside the Continental United States (OCONUS), renewal agreement travel, or assignment under the Government Employees Training Act (GETA), and what is the minimum period of service?
Yes, you are required to sign a service agreement for appointment or transfer CONUS or OCONUS, renewal agreement travel, or assignment under GETA. The minimum periods of service are:
(a) Within CONUS for a period of service of not less than 12 months following the effective date of your appointment or transfer;
(b) OCONUS for an agreed upon period of service of not more than 36 months or less than 12 months following the effective date of your appointment or transfer;
(c) Department of Defense Overseas Dependent School System teachers for a period of not less than one school year as determined under chapter 25 of Title 20, United States Code;
(d) For renewal agreement travel, a period of not less than 12 months from the date of return to the same or different overseas official station; and
(e) For assignment under GETA, not less than three times the length of the training period as prescribed by the head of your agency.
§ 302-2.15 Will I be penalized for violation of my service agreement?
Yes, if you violate a service agreement (other than for reasons beyond your control and which must be accepted by your agency), you will have incurred a debt due to the Government and you must reimburse all costs that your agency has paid towards your relocation expenses including withholding tax allowance (WTA) and relocation income tax (RIT) allowance.
§ 302-2.16 Must I provide my agency with my actual place of residence as soon as I accept a transfer/appointment OCONUS?
Yes, if you accept a transfer/appointment to an OCONUS location, you must immediately provide your agency with the information needed to determine your actual place of residence and to document it into your service agreement.
§ 302-2.17 Must I sign a service agreement for a “last move home” relocation or separation from Government service?
No, you do not need to sign a service agreement for a “last move home” relocation or separation from Government service.
§ 302-2.18 What happens if I fail to sign a service agreement?
If you fail to sign a service agreement, your agency will not pay for your relocation expenses.
§ 302-2.19 Can my service agreement be voided by a subsequent service agreement?
No, service agreements which are already in effect cannot be voided by subsequent service agreements.
§ 302-2.20 If I have more than one service agreement, must I adhere to each agreement separately?
Yes, service agreements can not be grouped together and must be adhered to separately. Each agreement is in effect for the period specified in the agreement.
§ 302-2.21 What is a duplicate reimbursement disclosure statement?
A duplicate reimbursement disclosure statement is a written statement signed by you and submitted to your agency. It states that you and/or your immediate family have not accepted, and will not accept, duplicate reimbursement for relocation expenses. Furthermore, it states that, to the best of your knowledge, no third party has accepted duplicate reimbursement for your relocation expenses. The duplicate reimbursement disclosure statement must be incorporated into your service agreement.
§ 302-2.22 Must I sign a duplicate reimbursement disclosure statement?
Yes, you must sign a duplicate reimbursement disclosure statement to receive any relocation benefits.
Advancement of Funds
§ 302-2.23 May I receive an advance of funds for my travel and transportation expenses?
Yes, you may receive an advance of funds for your travel and transportation expenses, as prescribed by your agency, except for overseas tour renewal agreement travel.
§ 302-2.24 What requirements must I meet to receive a travel advance?
Your relocation travel authorization must authorize you to receive a travel advance.
§ 302-2.25 May I receive a travel advance for separation relocation?
Yes, you may receive a travel advance if approved by your agency.
Subpart B—Agency Responsibilities
Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the agency.
Before authorizing a relocation allowance, you must set internal policies that determine:
(a) How you will implement the governing policies throughout this part;
(b) How you will determine when a relocation is in the best interest of the Government;
(c) When you will allow a travel advance for relocation expenses;
(d) Who will authorize and approve relocation travel;
(e) Under what additional circumstances will you require an employee to sign a service agreement;
(f) Who is required to sign a service agreement; and
(g) How you will ensure that all relocating employees sign a duplicate reimbursement disclosure statement, which is to be incorporated into their relocation service agreements (see § 302-2.22).
You may authorize reimbursement for relocation expenses:
(a) When you have determined that an eligible individual’s relocation is in the best interest of the Government as specified in § 302-1.1 of this chapter; and
(b) Only after an eligible individual has signed a service agreement to remain in service for the period specified in § 302-2.14.
The agency head or their designee must authorize and approve relocation expenses.
To administer the authorization for relocation of an employee, you must:
(a) Issue an employee a TA for relocation before the employee transfers to a new official station;
(b) Inform the employee of the transfer within a timeframe that will provide the employee sufficient time for preparation;
(c) Establish timeframes on when employees must submit a TA request;
(d) Provide new employees with the applicable limitations of their travel benefits; and
(e) Provide counseling about relocation benefits to all relocating employees. In addition, you should offer counseling as early as possible during the relocation process and you should consider offering counseling to employees who are contemplating acceptance of a job that would require them to relocate.
§ 302-2.104 What information must we provide on the TA?
On the TA, you must state the:
(a) Specific allowances that the employee is authorized; and
(b) Procedures that the employee is authorized to follow.
§ 302-2.105 When an employee transfers between Federal agencies, who is responsible for paying the employee’s relocation expenses?
When an employee transfers between Federal agencies, all allowable expenses must be paid from the funds of the agency that the employee is transferring to. However, in the case of a reduction in force or transfer of function, an agreement may be made between the agencies concerned as to what relocation allowances will be paid by either agency or split between them. This should include the payment of expenses for the extended storage of the employee’s household goods when assigned to an isolated permanent duty station within CONUS or a transfer to, from, or between foreign countries.
§ 302-2.106 May we waive statutory or regulatory limitations relating to relocation allowances for employees relocating to/from remote or isolated locations?
Yes, the agency head or their designee may waive any statutory or regulatory limitations for employees relocating (to/from a remote or isolated location) when determining that failure to waive the limitation would cause an undue hardship on the employee.
Time Limits
§ 302-2.110 Are there time factors that we must consider for allowing an employee to complete all aspects of relocation?
Yes, you should encourage employees to begin travel as soon as possible after authorization of travel is approved and inform employees that they must complete all aspects of relocation within a 1-year period from the employee’s effective date of transfer or appointment, unless the employee’s 1-year period is extended to include:
(a) Time spent on military furlough;
(b) Delays caused by overseas shipping or other restrictions; or
(c) An extension for completion of residence transaction (see § 302-11.22 of this chapter).
SUBCHAPTER B—RELOCATION ALLOWANCES
PART 302-3—RELOCATION ALLOWANCE BY SPECIFIC TYPE
Subpart A—New Appointee
Use of pronouns “I”, “you”, and their variants throughout this subpart refers to the employee, unless otherwise noted.
§ 302-3.1 Who is a new appointee?
A new appointee is:
(a) An individual who is employed with the Federal Government for the very first time (including an individual who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note), and is appointed in the same fiscal year as the Presidential inauguration);
(b) An employee who is returning to the Government after a break in service (except an employee separated as a result of reduction in force or transfer of functions and is re-employed within one year after such action); or
(c) A student trainee assigned to the Government upon completion of that student trainee’s college work.
§ 302-3.2 As a new appointee or student trainee what relocation expenses may my agency pay or reimburse me for incident to an assignment to my first official station?
As a new appointee or student trainee assigned to your first official station, your agency may pay or reimburse you the relocation expenses indicated for the type of assignment in Tables A and B of this section. However, once the decision is made to pay or reimburse your relocation expenses, all mandatory relocation allowances are reimbursed, unless otherwise stated in the applicable parts of this chapter.
Table A—Assigned to First Official Station in the Continental United States (CONUS)
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation of employee & immediate family member(s) (part 302-4 of this chapter) | 1. Shipment of privately owned vehicle (POV) (part 302-9 of this chapter). |
| 2. Per diem for employee only (part 302-4 of this chapter) | 2. Use of a relocation services company (part 302-12 of this chapter). |
| 3. Transportation & temporary storage of household goods (part 302-7 of this chapter) | |
| 4. Extended storage of household goods (part 302-8 of this chapter) 1 | |
| 5. Transportation of a mobile home or boat used as a primary residence in lieu of the transportation of household goods (part 302-10 of this chapter) | |
| 6. Relocation income tax allowance (RITA) (part 302-17 of this chapter) |
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Table B—Assigned to First Official Station Outside the Continental United States (OCONUS)
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation of employee & immediate family member(s) (part 302-4 of this chapter) | 1. Shipment of privately owned vehicle (POV) (part 302-9 of this chapter). |
| 2. Per diem employee only (part 302-4 of this chapter) | 2. Temporary quarters subsistence expense (TQSE) is not authorized in a foreign area; however, you may be entitled to the following under the Department of State Standardized Regulations (Government Civilians-Foreign Areas) which is available from the Superintendent of Documents, Washington, DC 20402. |
| (a) Foreign Transfer Allowance (FTA) (Subsistence Expense) for quarters occupied temporarily before departure from the 50 states or the District of Columbia for an official station in a foreign area incident to a permanent change of station and travel to first official station overseas. | |
| (b) Temporary quarters subsistence allowance (TQSA) when a transfer is authorized to a foreign area. | |
| (c) The miscellaneous expense portion of the FTA is authorized incident to first official station travel to a foreign area. | |
| 3. Transportation & temporary storage of household goods (part 302-7 of this chapter) | 3. Use of a relocation services company (part 302-12 of this chapter). |
| 4. Extended storage of household goods (part 302-8 of this chapter) | |
| 5. Relocation income tax allowance (RITA) (part 302-17 of this chapter) |
§ 302-3.3 As a new appointee, are there any expenses that my agency will not pay?
Yes, as a new employee, your agency will not pay for expenses that are not listed in § 302-3.2 (e.g., per diem for family, cost of househunting trip, miscellaneous expense allowance, etc.).
Yes, if your agency authorizes you allowances for relocation, it must pay all of the expenses listed in § 302-3.2.
§ 302-3.5 If I travel to my first official station before I have been appointed, will I be reimbursed for my relocation expenses?
Generally, you may not be reimbursed for relocation expenses incurred before you have been appointed to a Federal position and signed an agreement to remain in Government service for 12 months after appointment. However there is an exception for appointees who have performed Presidential transition activities. Such appointees may be reimbursed allowable travel and transportation expenses incurred at any time following the most recent Presidential election once they have signed a service agreement. However, appointment must occur in the same fiscal year as the Presidential transition activities.
Subpart B—Transferred Employees and Other Relocated Employees
§ 302-3.100 What is a transferred employee?
A transferred employee is an employee who transfers from one official station to another. This may also include employees separated as a result of reduction in force or transfer of functions who are re-employed within one year after such separation.
§ 302-3.101 As a transferred employee or other relocated employee what relocation allowances must my agency pay or reimburse to me?
As a transferred employee or other relocated employee there are mandatory and discretionary relocation expenses. Once an agency decision is made to pay or reimburse relocation expenses indicated for the type of relocation in tables (A) through (I) of this section, all the mandatory allowance must be paid or reimbursed, unless otherwise stated in the applicable parts. The discretionary relocation allowances indicated in tables (A) through (I) of this section may or may not be paid by the agency.
Table A—Transfer Between Official Stations in the Continental United States (CONUS)
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation & per diem for employee & immediate family member(s) (part 302-4 of this chapter) | 1. Househunting per diem & transportation, employee & spouse only (part 302-5 of this chapter). |
| 2. Miscellaneous moving expense (part 302-16 of this chapter) | 2. Temporary quarters subsistence expense (TQSE) (part 302-6 of this chapter). |
| 3. Sell or buy residence transactions or lease termination expenses (part 302-11 of this chapter) | 3. Shipment of privately owned vehicle (POV) (part 302-9 of this chapter). |
| 4. Transportation & temporary storage of household goods (part 302-7 of this chapter) | 4. Use of a relocation services company (part 302-12 of this chapter). |
| 5. Extended storage of household goods (part 302-8 of this chapter) 1 | 5. Property management services (part 302-15 of this chapter). |
| 6. Transportation of a mobile home or boat used as a primary residence in lieu of the transportation of household goods (part 302-10 of this chapter) 2 | 6. Home marketing incentives (part 302-14 of this chapter). |
| 7. Relocation income tax allowance (RITA) (part 302-17 of this chapter) |
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2
Table B—Transfer From CONUS to an Official Station Outside the Continental United States (OCONUS)
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation & per diem for employee & immediate family member(s) (part 302-4 of this chapter) | 1. Temporary quarters subsistence expense (TQSE) when transfer is to a non-foreign area. In foreign areas you may be entitled to the following under the Department of State Standardized Regulations (DSSR) (Government Civilians-Foreign Areas): |
| (a) A Foreign Transfer Allowance (FTA) for quarters occupied temporarily before departure from the 50 states or the District of Columbia for an official station in a foreign area incident to a permanent change of station and travel to first official station overseas. | |
| (b) Temporary quarters subsistence allowance (TQSA). | |
| 2. Miscellaneous expense allowance (part 302-16 of this chapter) | 2. Property management services (part 302-15 of this chapter). |
| 3. Transportation & temporary storage of household goods (part 302-7 this chapter) | 3. Shipment of a privately owned vehicle (part 302-9 of this chapter). |
| 4. Extended storage of household goods (part 302-8 of this chapter) | 4. Use of a relocation services company (part 302-12 of this chapter). |
| 5. Sell & buy residence transaction expenses or lease termination expenses when transfer is to a non-foreign area (part 302-11 of this chapter) | 5. Home marketing incentives when transfer is to a non-foreign area (part 302-14 of this chapter). |
| 6. Relocation income tax allowance (RITA) (part 302-17 of this chapter) | 6. Househunting per diem & transportation, employee & spouse only when transfer is to a non-foreign area (part 302-5 of this chapter). |
Table C—Transfer From OCONUS Official Station to an Official Station in CONUS
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation & per diem for employee & immediate family member(s) (part 302-4 of this chapter) | 1. Shipment of a privately owned vehicle (part 302-9 of this chapter). |
| 2. Miscellaneous expense allowance (part 302-16 of this chapter) | 2. Temporary quarters subsistence expense (TQSE) (part 302-6 of this chapter). 2 |
| 3. Sell & buy residence transaction expenses or lease termination expenses (part 302-11 of this chapter) 1 | 3. Use of a relocation services company (part 302-12 of this chapter). |
| 4. Transportation & temporary storage of household goods (part 302-7 of this chapter) | 4. Home marketing incentives when transfer is from a non-foreign area (part 302-14 of this chapter). |
| 5. Extended storage of household goods only when assigned to a designated isolated official station in CONUS (part 302-8 of this chapter) | |
| 6. Relocation income tax allowance (RITA) (part 302-17 of this chapter) |
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Table D—Transfer Between OCONUS Official Stations
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation & per diem for employee & immediate family member(s) (part 302-4 of this chapter) | 1. Shipment of a privately owned vehicle (POV) (part 302-9 of this chapter). |
| 2. Transportation & temporary storage of household goods (part 302-7 of this chapter) | 2. Property management services (part 302-15 of this chapter). |
| 3. Miscellaneous expense allowance (part 302-16 of this chapter) | 3. Househunting per diem & transportation for employee & spouse only when transfer is between non-foreign areas (part 302-5 of this chapter). |
| 4. Extended storage of household goods (part 302-8 of this chapter) | 4. Temporary quarters subsistence expense (TQSE) when transfer is to or between non-foreign areas (part 302-6 of this chapter). 1 |
| 5. Sell & buy residence transaction expenses or lease termination expenses when transfer is between non-foreign areas (part 302-11 of this chapter) | 5. Use of a relocation services company (part 302-12 of this chapter). |
| 6. Relocation income tax allowance (RITA) (part 302-17 of this chapter) | 6. Home marketing incentives when transfer is between non-foreign areas (part 302-14 of this chapter). |
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Table E—Tour Renewal Agreement Travel
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation for employee & immediate family member(s) (part 302-4 of this chapter) | |
| 2. Per diem for employee only (part 302-4 of this chapter) |
Table F—Return From OCONUS Official Station to Place of Actual Residence for Separation
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation for employee & immediate family member(s) (part 302-4 of this chapter) | 1. Shipment of a privately owned vehicle (POV) (part 302-9 of this chapter). |
| 2. Per diem for employee only (part 302-4 of this chapter) | 2. Use of a relocation services company (part 302-12 of this chapter). |
| 3. Transportation & temporary storage of household goods (part 302-7 of this chapter) | |
| 4. Relocation income tax allowance (RITA) (part 302-17 of this chapter) |
Table G—Last Move Home for SES Career Appointees Upon Separation from Government Service
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation for employee & immediate family member(s) (part 302-4 of this chapter) | 1. Shipment of privately owned vehicle (POV) (part 302-9, subpart B of this chapter). |
| 2. Per diem for employee only (part 302-4 of this chapter) | 2. Use of a relocation services company (part 302-12 of this chapter). |
| 3. Transportation & temporary storage of household goods (part 302-7 of this chapter) | |
| 4. Transportation of a mobile home or boat used as a primary residence in lieu of the transportation of household goods (part 302-10 of this chapter) | |
| 5. Relocation income tax allowance (RITA) (part 302-17 of this chapter) |
Table H—Temporary Change of Station (TCS)
| Column 1—Relocation allowances that agency must pay or reimburse | Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse |
|---|---|
| 1. Transportation & per diem for employee & immediate family member(s) (part 302-4 of this chapter) | 1. Househunting trip expenses (part 302-5 of this chapter). |
| 2. Miscellaneous expense allowance (part 302-16 of this chapter) | 2. Temporary quarters subsistence expense (TQSE) (part 302-6 of this chapter). |
| 3. Transportation & temporary or extended storage of household goods (parts 302-7 and 302-8 of this chapter) | 3. Storage of one privately owned vehicle (POV) when assigned in support of a contingency operation as defined in 10 U.S.C. 1482a (c)(2) (part 302-9 of this chapter). |
| 4. Transportation of a mobile home or boat used as a primary residence in lieu of the transportation of household goods (part 302-10 of this chapter) | 4. Property management services (part 302-15 of this chapter). |
| 5. Transportation of a privately owned vehicle (POV)(part 302-9 of this chapter) | |
| 6. Relocation income tax allowance (RITA) (part 302-17 of this chapter) |
Table I—Assignment Under the Government Employees Training Act
[5 U.S.C. 4109]
1
| 1. Transportation of employee & immediate family member(s) (part 302-4 of this chapter). |
| 2. Per Diem for employee (part 302-4 of this chapter). |
| 3. Movement of household goods & temporary storage (part 302-7 of this chapter). |
| 4. Relocation income tax allowance (RITA) (part 302-17 of this chapter). |
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Subpart C—Types of Transfers
Relocation of Two or More Employed Immediate Family Members
§ 302-3.200 When a member of my immediate family who is also an employee and I are transferring to the same official station, may we both receive allowances for relocation?
Yes, if you and an immediate family member(s) are both employees and are transferring to the same official station in the interest of the Government, the allowances under this chapter apply either to;
(a) Each employee separately and the other is not eligible as an immediate family member(s); or
(b) Only one of the employees considered as head of the household and the other is eligible as an immediate family member(s) on the first employee’s TA.
§ 302-3.201 If my immediate family member and I both transfer to the same official station in the interest of the Government, may we both claim the same relocation expenses?
No, when separate allowances are authorized under this § 302-3.201, the employing agency or agencies shall not make duplicate reimbursement for the same claimed expenses.
§ 302-3.202 If my immediate family member and I both transfer to the same official station, may we both claim the same relocation allowances for the same non-employee family member?
No, when both you and your immediate family member transfer in the interest of the Government, you must provide your agency with the name(s) of non-employee family member(s) who will receive allowances under each of your TA. Only one of you may claim allowances for a non-employee member(s) of your immediate family (non-employee members may only be on one TA).
§ 302-3.203 If I am transferring in the interest of the Government and my employed immediate family member(s) transfer is not in the interest of the Government, will those immediate family member(s) receive relocation allowances?
Yes, your employed immediate family member(s) whose transfer is not in the interest of the Government will receive relocation allowances, but solely as a member of your immediate family.
§ 302-3.204 When an employed immediate family member and I are transferring in the interest of the Government, what information must we submit to our agency?
When you and an employed immediate family member are transferring in the interest of the Government, you both must provide:
(a) A signed document stating which method of authorization you select (separate or one single authorization); and
(b) Your agency with a written and signed copy of the names of which non-employee member(s) will receive allowances under your TA; if you select to receive separate TAs.
Reduction in Force Relocation
§ 302-3.205 If my transfer is involuntary (due to i.e., reduction in force, cessation, or transfer of work), is it considered to be in the interest of the Government?
Yes, an involuntary transfer (i.e., due to reduction in force, cessation, or transfer of work) is considered to be in the interest of the Government.
§ 302-3.206 If I am re-employed after a separation by reduction in force or transfer of functions, may my agency pay me a relocation allowance?
Yes, if you are re-employed after a separation by reduction in force or transfer of function, your agency may pay you a relocation allowance under the conditions of this chapter if:
(a) You are employed within one year of your involuntary separation date;
(b) Your new appointment is not temporary; and
(c) Your new appointment is at a different duty station from where your separation occurred and meets the mileage criteria in § 302-2.6 of this chapter for short distance relocation.
Overseas Assignment and Return
§ 302-3.207 Am I eligible to receive relocation allowances for overseas assignment and return travel?
You may be eligible to receive relocation allowances for overseas assignment and return travel if you are:
(a) An employee transferring to, from, or between official stations OCONUS; or
(b) A new appointee to a position OCONUS and at the time of your appointment your residence is in an area other than your post of duty.
§ 302-3.208 What relocation expenses will my agency pay for my overseas assignment and return?
To determine what relocation expenses your agency will pay for your overseas assignment and return, see:
(a) Section 302-3.2 if you are a new appointee; or
(b) Section 302-3.101 if you are a transferred employee.
Overseas Tour Renewal Agreement
§ 302-3.209 What is overseas tour renewal travel?
Overseas tour renewal travel refers to travel of you and your immediate family returning to your home in the continental U.S., Alaska, or Hawaii between overseas tours of duty. See § 302-2.222 for travel to an actual place of residence in other than the United States.
§ 302-3.210 What is an overseas tour of duty?
An overseas tour of duty is an assignment to a post of duty outside the continental United States, Alaska or Hawaii.
§ 302-3.211 What is an allowance for overseas tour renewal travel?
An allowance for overseas tour renewal travel is a reimbursement for you and your immediate family of roundtrip travel and transportation expenses between your overseas post of duty and your actual place of residence in the U.S.
§ 302-3.212 How do I know if I am eligible to receive an allowance for overseas tour renewal travel?
You are eligible to receive an allowance for overseas tour renewal travel if:
(a) You are on an overseas assignment, and you have completed your tour of duty and satisfactorily completed your service agreement time period; and
(b) You are on an overseas assignment and you have signed a new service agreement to remain at your overseas post or to transfer to another overseas post of duty; or
(c) You meet the requirements and are eligible for tour renewal travel from Alaska or Hawaii under § 302-3.214.
§ 302-3.213 What allowances will I receive for tour renewal travel?
For tour renewal travel, you will receive payment for those authorized expenses as stated in item five of Tables A and B of § 302-3.101.
§ 302-3.214 May I receive reimbursement for tour renewal travel when my travel is between two places within the United States?
You may only receive reimbursement for tour renewal travel when your tours are between two places within the U.S. if you are an employee who is traveling from Alaska or Hawaii, and:
(a) You will continue to serve consecutive tours of duty within the same state from which you’re traveling, and on September 8, 1982 you were:
(1) Serving your tour in one of these areas and have continued to do so; or
(2) En route to a post of duty in Alaska or Hawaii under a written service agreement to serve a tour of duty; or
(3) In the process of performing a tour renewal travel and has since then entered into another tour of duty in Alaska or Hawaii;
(b) Tour renewal agreement travel for recruiting or retention purposes is limited to two round trips beginning within 5 years after the date the employee first begins any period of consecutive tours of duty in Alaska or Hawaii. Employees shall be advised in writing of this limitation; or
(c) You are traveling due to your agency’s mission to recruit or retain you as an employee to fulfill a position that requires a special skilled employee or to fill a position in a remote area.
§ 302-3.215 Will I be reimbursed for tour renewal travel from a post of duty in Hawaii and return to a post of duty in Alaska or for such travel from a post of duty in Alaska and return to a post of duty in Hawaii?
No, you will not be reimbursed for tour renewal travel unless your return travel is to a post of duty in the same State that you traveled from.
§ 302-3.216 When must I begin my first tour renewal travel from Alaska or Hawaii?
You must begin your first tour renewal travel within 5 years of your first consecutive tours in either Alaska or Hawaii.
§ 302-3.217 Will my family or I receive per diem for en route travel from my post of duty to my actual place of residence in the U.S.?
No, your family will not receive per diem for en route travel from your post of duty to your actual place of residence in the U.S. and return to the same or a different post of duty.
Other than as specified in §§ 302-3.209 through 302-3.226, your agency head will only authorize travel and transportation expenses for your tour renewal travel in Alaska or Hawaii if it determines that:
(a) Agency staffing needs are required to recruit or retain employees at a post of duty in Alaska or Hawaii; or
(b) Your agency is in need to recruit employees with special skills and knowledge and/or to fill positions in remote areas.
§ 302-3.219 Is there a limit on how many times I may receive reimbursement for tour renewal travel?
(a) If you are stationed in a foreign area or in an area other than Alaska or Hawaii, your agency may reimburse you for one overseas tour renewal trip for each time you complete your service agreement, which is related to your post of duty.
(b) For recruiting and retention purposes of consecutive tours served within Alaska and Hawaii, your agency may reimburse you a maximum of two round trips which must begin within 5 years after the date of your first tour.
§ 302-3.220 May my family and I travel to another U.S. location (other than from my actual place of residence) under my tour renewal agreement?
Yes, you and your family may travel to another U.S. location (other than from your actual place of residence) under your tour renewal agreement. However, your agency will only reimburse you for the amount of authorized expenses from your post of duty to your actual place of residence and return (as appropriate) on a usually traveled route.
If your actual place of residence is located in the U.S., you and your family must spend a substantial amount of time in the U.S. in order to receive reimbursement.
§ 302-3.221 If I travel to another place in the U.S. (other than my actual place of residence) am I required to spend time at my actual place of residence to receive reimbursement?
No, you are not required to spend time at your actual place of residence to receive reimbursement if you travel to another place in the U.S. (other than your actual place of residence).
§ 302-3.222 Will I be reimbursed if I travel to another overseas location (instead of the U.S.)?
If you travel to another overseas location (instead of the U.S.), you will be reimbursed only if your actual residence is within that country in which you are taking your leave, and then you will only be reimbursed your authorized travel and transportation expenses. You will have to pay any expense(s) above your authorized amount.
§ 302-3.223 What happens if I violate my new service agreement under a tour renewal assignment?
If you fail to complete your period of service under your new service agreement for reasons that are not acceptable to your agency, you must pay the Government:
(a) All transportation and per diem expenses that you received during your service agreement period for tour renewal travel of you and your immediate family;
(b) Transportation expenses for family members who traveled directly from your former post of duty to your current post of duty; and
(c) All transportation expenses for shipment of household goods from your former post to your current post of duty.
§ 302-3.224 If I violate my new service agreement, will the Government reimburse me for return travel and transportation to my actual place of residence?
If you violate your new service agreement, the Government will reimburse you for return travel and transportation to your actual place of residence only if you did not receive all of your allowances under a previous service agreement in which you successfully completed your required period of service. The Government will then authorize you reimbursement cost for return travel and transportation expenses from your former post of duty to your actual place of residence. If there is any additional cost you must pay the difference.
Prior Return of Immediate Family Members
§ 302-3.225 If my immediate family member(s) return to the U.S. before me, will I be reimbursed for transporting part of my household goods with my family and the rest of my household goods when I return?
Yes, if your family member(s) return to the U.S. before you, you will be reimbursed for transporting part of your household goods with your family and the rest of the household goods when you return as long as the combined weight of the two shipments does not exceed your total authorized weight limit.
§ 302-3.226 Will the Government reimburse me if I am not eligible to return with my immediate family member(s) to the U.S. and choose to send them at my own expense?
Yes, if you pay for the prior return of your eligible immediate family member(s), you will be reimbursed when you become eligible for return travel and transportation, you must provide your agency with all receipts and documentation to support your cost. Your agency will then reimburse your expenses, not to exceed your authorized allowance.
§ 302-3.227 If I become divorced from my spouse or terminate my committed relationship with my domestic partner while OCONUS will I receive reimbursement to return my former spouse or domestic partner and dependents to the U.S.?
Yes, if you become divorced from your spouse or terminate your committed relationship with your domestic partner while OCONUS, you will receive reimbursement to return your former spouse or domestic partner and dependents to their place of actual residence within or outside CONUS.
§ 302-3.228 Is my dependent who turned 21 while overseas entitled to return travel to my place of actual residence at the expense of the Government?
Your dependent who turned 21 while overseas is entitled to return travel to your place of actual residence at the expense of the Government only if your dependent traveled overseas as your dependent under your TA, but not beyond the end of your current agreed tour of duty.
Subpart D—Relocation Separation
Overseas to U.S. Return for Separation
§ 302-3.300 Must my agency pay for return relocation expenses for my immediate family and me once I have completed my duty OCONUS?
Yes, once you have completed your duty OCONUS as specified in your service agreement, your agency must pay one-way transportation expenses for you, for your family member(s), and for your household goods (see Table F in § 302-3.101 for a summary of allowances).
§ 302-3.301 May I transport my household goods to a location other than my actual place of residence when I separate from the Government?
Yes, if you have successfully completed your service agreement, you may transport your household goods to a location other than your actual place of residence when you separate from the Government. However, the cost cannot exceed what it would cost to your actual place of residence. Any additional cost will be borne by you.
§ 302-3.302 May my agency pay for my immediate family member(s) and my household goods to be returned to the U.S. before I complete my service agreement?
Yes, your agency may pay for your immediate family member(s) and your household goods to be returned to the U.S. before you complete your service agreement. However, your reason for not completing your service agreement must be determined by your agency as compassionate in nature or for circumstances beyond your control.
§ 302-3.303 May I claim reimbursement for the return of my immediate family member(s) or household goods more than once under one service agreement?
No, you cannot claim reimbursement for the return of your immediate family member(s) or household goods more than once under one service agreement.
SES Separation for Retirement
§ 302-3.304 Who is entitled to SES separation relocation allowances?
You are entitled to SES separation relocation allowances if you meet the conditions in § 302-3.307 and you are:
(a) A career appointee to the SES as defined in 5 U.S.C. 3132(a)(4); or
(b) A non-SES appointee who elects to retain SES retirement benefits and:
(1) Has a basic rate of pay at Level V of the Executive Schedule or higher; or
(2) Was previously a career appointee in the SES; or
(3) Elected under 5 U.S.C. 3392(c) to retain SES retirement benefits; or
(c) A Medical Center Director who:
(1) Served as a director of a Department of Veterans Affairs medical center under 38 U.S.C. 4103(a)(8) as in effect on November 17, 1988; or
(2) Separated from Government service on or after October 2, 1992; or
(3) Is not covered in paragraphs (a) or (b) of this section; or
(d) An immediate family member of an SES employee who died:
(1) In Government service on or after January 1, 1994; or
(2) After separating from Government service but before travel and/or transportation authorized under this subpart were completed.
§ 302-3.305 Who is not eligible for SES separation relocation expense allowances?
You are not eligible for SES separation relocation expense allowances if:
(a) You are a career appointee to an SES position, and your appointment is a limited term, limited emergency, or a noncareer appointment. (See 5 U.S.C. 3132(a)(5) through (7)); or
(b) You are an appointee to the Government but do not meet the criteria status within § 302-3.304.
§ 302-3.306 If I meet the conditions in § 302-3.307, what expenses am I allowed under separation for retirement travel?
If you meet the conditions in § 302-3.307, see Table G to § 302-3.101.
§ 302-3.307 Under what conditions may I receive separation relocation travel for my family and me?
You may receive separation relocation travel for you and your family if:
(a) You are a career appointee as defined in 5 U.S.C. 3132(a)(4), and you were transferred or reassigned geographically in the interest of and at the expense of the Government from one official station to another for permanent duty from:
(1) An SES career appointment to another SES career appointment; or
(2) An SES career appointment to an appointment outside the SES at a rate of pay equal to or higher than Level V of the Executive Schedule, and the employee elects to retain SES retirement benefits under 5 U.S.C. 3392; or
(3) A non-SES career appointment at the time of your transfer or assignment, which includes an appointment in a civil service position outside the SES, to an SES career appointment;
(b) At the time of the transfer or reassignment:
(1) You were eligible to receive an annuity for optional retirement under section 8336(a), (b), (c), (e), (f), or (j) or subchapter III of chapter 83 (Civil Service Retirement System (CSRS)) or under section 8412 of subchapter II of chapter 84 (Federal Employees Retirement System (FERS)) of title, 5 U.S.C.; or
(2) You were within 5 years of eligibility to receive an annuity for optional retirement under one of the authorities in paragraph (b)(1) of this section; or
(3) You were eligible to receive an annuity based on discontinued service retirement or early voluntary retirement under an OPM authorization, under section 8336(d) of subchapter III of chapter 83, or under 8414(b) of subchapter II of chapter 84 of title 5, U.S.C.;
(c) You separate from Federal service on or after September 22, 1988;
(d) You are eligible to receive an annuity upon separation (or, in the case of death, you met the requirements for being considered eligible to receive an annuity, as of the date of death) under the provisions of subchapter III of chapter 83 (CSRS) or chapter 84 (FERS) of title 5, U.S.C., including an annuity based on optional retirement, discontinued service retirement, early voluntary retirement under an OPM authorization, or disability retirement; and
(e) You have not previously received separation relocation benefits from the Government for retirement.
§ 302-3.308 Do I have to provide my agency with any special documents before receiving reimbursement for moving expenses?
Yes, before receiving reimbursement for moving expenses, you must submit a request to your agency for authorization and approval of your moving expenses with your tentative moving dates and the origin and destination location of your planned move, within the timeframe and format specified by your agency.
§ 302-3.309 Where should my travel and transportation begin?
Your travel and shipment of your HHG should begin from your last official station.
You will be authorized to separate at the place where you have chosen to reside within the United States.
§ 302-3.311 May I receive reimbursement for travel and transportation from an alternate location other than the duty station?
You will only be reimbursed for expenses up to the cost of travel and transportation expenses from your authorized official station to the place in the U.S. you have elected to reside. Any additional cost you will have to pay.
§ 302-3.312 Upon separation, if I elect to reside in a different geographical area which is less than 50 miles from my official station, will I receive reimbursement?
No, if upon separation you elect to reside in a different geographical area which is less than 50 miles from your official station, you will not receive reimbursement.
§ 302-3.313 May I have my household goods transported from more than one location?
Yes, you may have your household goods transported from more than one location. However, you will only receive reimbursement based on the cost of shipment from your official station, in one lot by the most economical route to the location where you elect to return. You will have to pay for any cost above what is authorized.
§ 302-3.314 Is there a time limit when I must begin my travel and transportation upon separation?
Yes, all travel and transportation of household goods must begin no later than six months after:
(a) Your date of separation; or
(b) The date of death of the employee who died before separation.
§ 302-3.315 May I be granted an extension to the time limit for beginning my separation travel?
Yes, your agency may grant you or your immediate family member(s) (in case of your death) an extension to the time limit for beginning your separation travel, for up to two years from your effective date of separation or death, if death occurs before separation.
Subpart E—Employee’s Temporary Change Of Station
§ 302-3.400 What is a “temporary change of station (TCS)”?
A TCS means the relocation to a new official station for a temporary period while performing a long-term assignment, and subsequent return to the previous official station upon completion of that assignment.
§ 302-3.401 What is the purpose of a TCS?
A TCS provides agencies an alternative to a long-term temporary duty travel assignment which will increase your satisfaction and enhance morale, reduce your income tax liability, and save the Government money.
§ 302-3.402 When am I eligible for a TCS?
You are eligible for a TCS when you are directed to perform a TCS at a long-term duty location, and you otherwise would be eligible for payment of temporary duty travel allowances authorized under chapter 301 of this title. For exceptions, see § 302-3.403.
§ 302-3.403 Who is not eligible for a TCS?
The following individuals are not eligible for a TCS:
(a) A new appointee;
(b) An employee assigned to or from a State or local Government under the Intergovernmental Personnel Act (5 U.S.C. 3372 et seq.);
(c) An individual employed intermittently in the Government service as a consultant or expert and paid on a daily when-actually-employed (WAE) basis;
(d) An individual serving without pay or at $1 a year; or
(e) An employee assigned under the Government Employees Training Act (5 U.S.C. 4109).
Your agency will authorize a TCS when:
(a) It is necessary to accomplish the mission of the agency effectively and economically, and
(b) You are directed to perform a long-term assignment at another official station; or
(c) Your agency otherwise could authorize temporary duty travel and pay travel allowances, including payment of subsistence expenses, under chapter 301 of this title for the long-term assignment; or
(d) Your agency determines it would be more advantageous, cost and other factors considered, to authorize a long-term assignment; and
(e) You meet any additional conditions your agency has established.
No, you do not have the option of electing payment of per diem expenses under part 301-11 of this title if your agency authorized a TCS.
§ 302-3.406 How long must my assignment be for me to qualify for a TCS?
To qualify for a TCS, your assignment must be not less than 6 months, nor more than 30 months.
§ 302-3.407 What is the effect on my TCS reimbursement if my assignment lasts less than 6 months?
Your agency may authorize a TCS only when a TCS is expected to last 6 months or more. If your assignment is cut short for reasons other than separation from Government service, you will be paid TCS expenses.
§ 302-3.408 What is the effect on my TCS reimbursement if my assignment lasts more than 30 months?
If your assignment exceeds 30 months, your agency:
(a) Must permanently assign you to your temporary official station or return you to your previous official station;
(b) May not pay for extended storage or property management services incurred after the last day of the thirtieth month; and
(c) Must pay the expenses of returning you and your immediate family and household goods to your previous official station unless you are permanently assigned to your temporary official station.
§ 302-3.409 Is there any required minimum distance between an official station and a TCS location that must be met for me to qualify for a TCS?
No, there is no required minimum distance between an official station and a TCS location that must be met for you to qualify for a TCS. However, your agency may establish the area within which it will not authorize a TCS.
§ 302-3.410 Must I sign a service agreement to qualify for a TCS?
No, you do not need to sign a service agreement to qualify for a TCS.
§ 302-3.411 What is my official station during my TCS?
Your official station during your TCS is the location of your TCS.
Expenses Paid Upon Assignment
§ 302-3.412 What expenses must my agency pay?
Your agency must pay:
(a) Travel, including per diem, for you and your immediate family under part 302-4 of this chapter;
(b) Transportation and temporary storage of your household goods under part 302-7 of this chapter;
(c) Extended storage when it is necessary as approved by your agency under part 302-8 of this chapter;
(d) Transportation of a mobile home instead of transportation of household goods under part 302-10 of this chapter;
(e) A miscellaneous expenses allowance under part 302-16 of this chapter;
(f) Transportation of a privately owned vehicle(s) under part 302-9 of this chapter; and
(g) A relocation income tax allowance under part 302-17 of this chapter for additional income taxes you incur on payments your agency makes under the authority of this section for your relocation expenses.
§ 302-3.413 Are there other expenses that my agency may pay?
Yes, your agency may pay:
(a) Househunting trip expenses under part 302-5 of this chapter;
(b) Temporary quarters subsistence expenses under part 302-6 of this chapter;
(c) Reimbursement for Property Management Services under part 302-15 of this chapter; and
(d) Reimbursement for the cost of storing, or providing for the storage without charge, of one POV when assigned a TCS in support of a contingency operation as defined in 10 U.S.C. 1482a(c)(2) and under part 302-9 of this chapter.
Expenses Paid During Assignment
Yes, if your agency authorizes a TCS, it will pay for extended storage when it is necessary. Extended storage expenses include:
(a) Packing/unpacking;
(b) Crating/uncrating;
(c) Transporting to and from place of storage;
(d) Charges while in storage; and
(e) Other necessary charges directly related to storage.
§ 302-3.415 How long may my agency pay for extended storage of household goods?
Your agency may pay for extended storage of household goods for the duration of your TCS.
§ 302-3.416 Is there any limitation on the combined weight of household goods I may transport and store at Government expense?
Yes, the maximum combined weight is 18,000 pounds net weight. If you transport and/or store household goods in excess of the maximum weight allowance, you will be responsible for any excess cost.
§ 302-3.417 Will I have to pay any income tax if my agency pays for extended storage of my household goods?
You will be subject to income taxes on the amount of extended storage expenses your agency pays. However, your agency will pay you a relocation income tax allowance under part 302-17 of this chapter for substantially all of the additional Federal, State and local income taxes you incur on the expenses your agency pays.
Your agency may reimburse you directly for expenses you incur or make payments on your behalf to a relocation services company, if you so choose. The term “property management services” refers to a program provided by a private company for a fee, which assists you in managing your residence at your previous official station as a rental property. Services provided by the company may include, but are not limited to, obtaining a tenant, negotiating a lease, inspecting the property regularly, managing repairs and maintenance, enforcing lease terms, collecting rent, paying the mortgage and other carrying expenses from rental proceeds and/or fund of the employee, and accounting for the transactions and providing periodic reports to the employee.
§ 302-3.419 For what property may my agency pay property management services?
Your agency may only pay for the property from which you commuted to/from work on a daily basis at your previous official station.
§ 302-3.420 How long may my agency pay for property management services?
Your agency may pay for property management services for the duration of your TCS.
§ 302-3.421 What are the income tax consequences if my agency pays for property management services?
When your agency pays for property management services:
(a) You will be taxed on the amount of property management expenses your agency pays, whether it reimburses you directly for your expenses or pays a relocation services company to manage your residence; and
(b) Your agency will pay you a relocation income tax allowance under part 302-17 of this chapter for substantially all of the additional Federal, State and local income taxes you incur on the expenses your agency pays.
You may wish to consult with a tax advisor to determine whether you will incur any additional tax liability, unrelated to your agency’s payment of your property management expenses, as a result of maintaining your residence as a rental property.
Expenses Paid Upon Completion of Assignment or Upon Separation From Government Service
§ 302-3.422 What expenses will my agency pay when I complete my TCS?
Your agency will pay for the following expenses in connection with your return to your previous official station:
(a) Travel, including per diem, for you and your immediate family under part 302-4 of this chapter;
(b) Transportation and temporary or extended storage of your household goods under part 302-7 and 302-8 of this chapter;
(c) Transportation of a mobile home instead of transportation of our household goods under part 302-10 of this chapter;
(d) A miscellaneous expenses allowance under part 302-16 of this chapter;
(e) Transportation of a privately owned vehicle(s) under part of this chapter; and
(f) A relocation income tax allowance under part 302-17 of this chapter for additional income taxes you incur on payments your agency makes under the authority of this part for your relocation expenses.
Your agency may pay temporary quarters subsistence expenses under part 302-6 of this chapter.
§ 302-3.423 If I separate from Government service upon completion of my TCS, what relocation expenses will my agency pay upon my separation?
If you separate from Government service upon completion of your TCS, your agency will upon your separation, pay the same relocation expenses it would have paid had you not separated from Government service upon completion of your TCS.
§ 302-3.424 If I separate from Government service prior to completion of my TCS, what relocation expenses will my agency pay upon my separation?
If you separate from Government service prior to completion of your TCS for reasons beyond your control that are acceptable to your agency, your agency will pay the same relocation expenses it would pay under § 302-3.423. If this is not the case, the expenses your agency pays may not exceed the reimbursement that you would have received under this chapter or chapter 301 of this title whichever your agency determines to be in the best interest of the Government.
Your agency will pay the expenses authorized in § 302-3.422 for your relocation from your current temporary official station to your last permanent official station.
Permanent Assignment to Temporary Official Station
§ 302-3.426 How is payment of my TCS expenses affected if I am permanently assigned to my temporary official station?
Payment of TCS expenses stops once your temporary official station becomes your permanent official station. Your agency may not pay any TCS expenses incurred beginning the day your temporary official station becomes your permanent official station.
§ 302-3.427 What relocation allowances may my agency pay when I am permanently assigned to my temporary official station?
When you are permanently assigned to your temporary official station, your agency may pay:
(a) Travel, including per diem, in accordance with part 302-4 of this chapter, for one round trip between your temporary official station and your previous official station, for you and members of your immediate family who relocated to the temporary official station with you. Your agency may also pay the same expenses for a one-way trip from the previous official station to the new permanent official station for any immediate family members who did not accompany you to the temporary official station;
(b) Residence transaction expenses under part 302-11 of this chapter;
(c) Property management expenses under part 302-15 of this chapter;
(d) Relocation services under part 302-12 of this chapter;
(e) Temporary quarters subsistence expenses in accordance with part 302-6 of this chapter;
(f) Transportation of household goods not previously transported to the temporary official station under part 302-7 of this chapter;
(g) Transportation of a privately owned vehicle(s) not previously transported to the temporary official station under § 302-9.7 of this chapter; and
(h) Relocation income tax allowance (RITA) under part 302-17 of this chapter.
§ 302-3.428 If I am permanently assigned to my temporary official station, is there any limitation on the weight of household goods I may transport at Government expense to my official station?
Yes. If you are permanently assigned to your temporary official station, you are limited to 18,000 pounds net weight for household goods you may transport at Government expense to your official station. This maximum weight will be reduced by the weight of any household goods transported at Government expense to your temporary official station under your TCS authorization. Subject to the 18,000 pound limit, your agency will pay to transport any household goods in extended storage to your official station. Additionally, if you change your residence as a result of your permanent assignment to your temporary official station, your agency may pay for transporting your household goods, subject to the 18,000-pound limit, between the residence you occupied during your temporary assignment and your new residence.
§ 302-3.429 Are there any relocation allowances my agency may not pay if I am permanently assigned to my temporary official station?
If you are permanently assigned to your temporary official station, your agency may not pay:
(a) Expenses of a househunting trip for you and your spouse to your temporary official station under part 302-5 of this chapter; or
(b) Residence transaction expenses for selling a residence or breaking a lease at the temporary official station under part 302-11 of this chapter.
Subpart F—Agency Responsibilities
Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the agency.
§ 302-3.500 What governing policies and procedures must we establish for paying a relocation allowance under this part 302-3?
You must establish how you will implement policies that are required for this part, which include;
(a) When you will pay relocation expenses if an employee violates their service agreement;
(b) When you will authorize separate relocation allowances to an employee and an employee’s immediate family member that are both transferring to the same official station;
(c) When you will grant an employee and/or the employee’s immediate family member(s) an extension on beginning separation travel;
(d) When you will allow an employee to arrange their own relocation upon separation;
(e) When you will authorize a temporary change of station (TCS);
(f) When you will define an area not to reimburse for a TCS;
(g) When you will pay extended storage of household goods for TCS;
(h) What relocation allowances you will and will not pay when an employee is permanently assigned to a temporary official station; and
(i) When you will pay for the cost of storing, or provide for the storage without charge, of one POV when an employee is assigned a TCS in support of a contingency operation as defined in 10 U.S.C. 1482a(c)(2) and under part 302-9 of this chapter.
§ 302-3.501 Must we establish any specific procedures for paying a relocation allowance to new appointees?
Yes, you must establish specific guidelines for paying a relocation allowance to new appointees. These guidelines must establish the:
(a) Criteria in accordance with 5 CFR part 572 on how you will determine if a new appointee is eligible for the relocation allowances authorized therein; and
(b) Procedures which will provide new appointees with information surrounding the new appointee’s benefits.
You should consider the following factors in determining whether to authorize a TCS:
(a) Cost considerations. You should consider the cost of each alternative. A long-term temporary duty travel assignment requires the payment of either per diem or actual subsistence expenses for the entire period of the assignment. This could be very costly to the agency over an extended period. A TCS will require fairly substantial relocation allowance payments at the beginning and end of the assignment, and less substantial payments for extended storage and property management services, when authorized, during the period of the assignment. Agencies should estimate the total cost of each alternative and authorize the one that is most advantageous for the agency, cost and other factors considered;
(b) Tax considerations. An employee who performs a temporary duty travel assignment exceeding one year at a single location is subject to income taxation of the employee’s travel expense reimbursements. The Withholding Tax Allowance and the Extended TDY Tax Reimbursement Allowance allow for the reimbursement of Federal, state, and local income taxes incurred as a result of taxable extended temporary duty assignments (see §§ 301-11.601—301-11.605 of this Subtitle). An employee who is authorized and performs a TCS also will be subject to income taxation of some, but not all, of their TCS expenses. You will pay an offsetting Relocation Income Tax (RIT) allowance on an employee’s TCS expense reimbursements; and
(c) Employee concerns. The long-term assignment of an employee away from the employee’s official station and immediate family may negatively affect the employee’s morale and job performance. Such negative effects may be alleviated by authorizing a TCS so the employee can transport their immediate family and/or household goods at Government expense to the location where the employee will perform the long-term assignment. You should consider the effects of a long-term temporary duty travel assignment on an employee when deciding whether to authorize a TCS.
Service Agreements
§ 302-3.503 Must we require employees to sign a service agreement?
Yes, you must require employees to sign a service agreement if the employee is receiving reimbursement for relocation travel expenses, except as provided in § 302-2.17 of this chapter and §§ 302-3.300 and 302-3.410.
§ 302-3.504 What information should we include in a service agreement?
The service agreement should include, but not be limited to the following:
(a) The employee’s name;
(b) The employee’s effective date of transfer or appointment;
(c) The employee’s actual place of residence at the time of appointment;
(d) The name of all dependents that are authorized to travel under the TA;
(e) Detailed information regarding the employee’s obligation to repay funds spent on the employee’s relocation as a debt due the Government if the service agreement is violated;
(f) The employee’s agreed period of time (see § 302-3.505) to remain in service; and
(g) The employee’s signature accepting the terms of the agreement.
§ 302-3.505 How long must we require an employee to agree to the terms of a service agreement?
You must require an employee to agree to the terms of a service agreement:
(a) Within CONUS for a period of service of not less than 12 months following the effective date of appointment or transfer;
(b) OCONUS for an agreed upon period of service of not more than 36 months or less than 12 months following the effective date of appointment or transfer;
(c) Department of Defense Overseas Dependent School System teachers for a period of not less than one school year as determined under chapter 25 of Title 20, United States Code;
(d) For renewal agreement travel, a period of not less than 12 months from the date of return to the same or different overseas official station; and
(e) For assignment under the Government Employees Training Act (GETA), not less than three times the length of the training period as prescribed by the head of the agency.
§ 302-3.506 May we pay relocation expenses if the employee violates their service agreement?
If an employee does not fulfill the terms of the service agreement, the employee is indebted to the Government for all relocation expenses that have been reimbursed to the employee or that have been paid directly by the Government. However, if the reasons for not fulfilling the terms of the service agreement are beyond the employee’s control and acceptable to the agency, you may release the employee from the service agreement and waive any indebtedness.
New Appointees
Once you authorize relocation expenses for new appointees or student trainees, you must pay expenses in accordance with § 302-3.2.
You must not pay any expenses to new appointees or student trainees for a relocation that are not listed under § 302-3.2.
Overseas Assignment and Return
§ 302-3.509 What policies must we follow when appointing an employee to an overseas assignment?
When appointing an employee to an overseas assignment, you must:
(a) Establish the employee’s actual place of residence at the time of appointment and state it in the service agreement;
(b) Use guidance in 8 U.S.C. 1101(33) which states that “The term residence means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent”, for establishing places of residence; and
(c) Require the employee to sign the service agreement prior to the employee’s relocation.
§ 302-3.510 When must we pay return travel for immediate family members?
You must pay transportation expenses for one-way return travel of immediate family members when the employee has successfully completed the employee’s service agreement period OCONUS.
§ 302-3.511 What must we consider when determining return travel for immediate family member(s) for compassionate reasons prior to completion of the service agreement?
You must determine that the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, which may involve:
(a) The immediate family member(s)’ physical or mental health;
(b) The death of a member of the immediate family;
(c) Obligations imposed by authority or circumstances over which the individual has no control;
(d) The divorce or annulment of the employee’s marriage; or
(e) A dependent that traveled to post of duty on the employee’s authorized TA and has now reached their 21st birthdate.
§ 302-3.512 How many times are we required to pay for an employee’s return travel?
You must pay for return travel and transportation of an employee only once at the end of each agreed period of service.
Overseas Tour Renewal Travel
§ 302-3.513 May we allow a travel advance for tour renewal agreement travel?
No, you cannot allow a travel advance for tour renewal agreement travel.
§ 302-3.514 Under what conditions must we pay for tour renewal agreement travel?
You must pay tour renewal agreement travel when:
(a) The employee has completed the agreed upon period of service outside CONUS;
(b) The employee has agreed to serve another OCONUS tour of duty at the same or different duty station; and
(c) You have determined that the employee meets the special rules under § 302-3.515 for Alaska or Hawaii.
§ 302-3.515 What special rules must we apply for reimbursement of tour renewal travel for employees stationed, assigned, appointed or transferred to/from Alaska or Hawaii?
The following rules apply:
(a) If on September 8, 1982 the employee was serving or committed to serve a tour of duty in Alaska or Hawaii then the employee shall continue to receive reimbursement for tour renewal agreement travel;
(b) After September 8, 1982 you must determine that tour renewal agreement travel expenses are necessary for the purposes of recruiting and retaining employees and you must inform employees in writing that tour renewal agreement travel for the purposes of recruiting and retention is limited to two round trips beginning within 5 years after the date the employee first begins any period of consecutive tours of duty.
SES Separation for Retirement
§ 302-3.516 What must we do before issuing payment for SES separation-relocation travel?
Before issuing payment for separation-relocation travel, you must establish timeframes for employees to submit request for authorization and approval of relocation expenses.
§ 302-3.517 May we issue travel advances for separation relocation?
No, travel advances for separation relocation may not be authorized.
SUBCHAPTER C—PERMANENT CHANGE OF STATION (PCS) ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION EXPENSES
PART 302-4—ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION
Subpart A—Eligibility
Use of pronouns “I”, “you”, and their variants throughout this subpart refers to the employee, unless otherwise noted.
§ 302-4.1 What is a permanent change of station (PCS)?
A permanent change of station (PCS) is an assignment of a new appointee to an official station or the transfer of an employee from one official station to another on a permanent basis.
§ 302-4.2 Am I eligible for subsistence and transportation allowances for PCS travel under this part?
Yes, you are eligible for subsistence and transportation allowances for PCS travel if your agency specifically authorizes relocation expenses under this part and are:
(a) Transferred employees (within or outside CONUS);
(b) New appointees (within or outside CONUS); and
(c) An employee(s) assigned to posts of duty outside CONUS in connection with either overseas tour renewal agreement travel or return travel to places of residence for separation.
Also see tables at §§ 302-3.2 and 302-3.101.