[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2024 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 41
Public Contracts and Property Management
________________________
Chapter 201 to End
Revised as of July 1, 2024
Containing a codification of documents of general
applicability and future effect
As of July 1, 2024
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
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Table of Contents
Page
Explanation................................................. v
Title 41:
SUBTITLE D--Federal Acquisition Supply Chain Security
Chapter 201--Federal Acquisition Security Council 5
SUBTITLE E [Reserved]
SUBTITLE F--Federal Travel Regulation System
Chapter 300--General 21
Chapter 301--Temporary Duty (TDY) Travel Allowances 39
Chapter 302--Relocation Allowances 129
Chapter 303--Payment of Expenses Connected With the
Death of Certain Employees 255
Chapter 304--Payment of Travel Expenses From a Non-
Federal Source 265
Finding Aids:
Table of CFR Titles and Chapters........................ 283
Alphabetical List of Agencies Appearing in the CFR...... 303
List of CFR Sections Affected........................... 313
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 41 CFR 201-1.100
refers to title 41, part
201-1, section 100.
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EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
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evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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Provisions of the Code that are no longer in force and effect as of
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``[RESERVED]'' TERMINOLOGY
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that volume.
[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2024
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THIS TITLE
Title 41--Public Contracts and Property Management consists of
Subtitle A--Federal Procurement Regulations System [Note]; Subtitle B--
Other Provisions Relating to Public Contracts; Subtitle C--Federal
Property Management Regulations System; Subtitle D--Federal Acquisition
Supply Chain Security; Subtitle E is reserved for other provisions
relating to property management, and Subtitle F--Federal Travel
Regulation System.
As of July 1, 1985, the text of subtitle A is no longer published in
the Code of Federal Regulations. For an explanation of the status of
subtitle A, see 41 CFR chapters 1-100 (page 3).
Other government-wide procurement regulations relating to public
contracts appear in chapters 50 through 100, subtitle B.
The Federal property management regulations in chapter 101 of
subtitle C are government-wide property management regulations issued by
the General Services Administration. In the remaining chapters of
subtitle C are the implementing and supplementing property management
regulations issued by individual Government agencies. Those regulations
which implement chapter 101 are numerically keyed to it.
The Federal Travel Regulation System in chapters 300-304 of subtitle
F is issued by the General Services Administration.
Title 41 is composed of four volumes. The chapters in these volumes
are arranged as follows: Chapters 1-100, chapter 101, chapters 102-200,
and chapter 201 to end. These volumes represent all current regulations
codified under this title of the CFR as of July 1, 2023.
For this volume, Susannah C. Hurley was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
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TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
(This book contains chapter 201 to end)
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SUBTITLE D--Federal Acquisition Supply Chain Security
Part
chapter 201--Federal Acquisition Security Council........... 201-1
SUBTITLE E [Reserved]
SUBTITLE F--Federal Travel Regulation System
chapter 300--General........................................ 300-1
chapter 301--Temporary Duty (TDY) Travel Allowances......... 301-1
chapter 302--Relocation Allowances.......................... 302-1
chapter 303--Payment of Expenses Connected With the Death of
Certain Employees......................................... 303-1
chapter 304--Payment of Travel Expenses From a Non-Federal
Source.................................................... 304-1
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Subtitle D--Federal Acquisition Supply Chain Security
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CHAPTER 201--FEDERAL ACQUISITION SECURITY COUNCIL
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Part Page
201-1 General regulations......................... 7
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PART 201 1_GENERAL REGULATIONS--Table of Contents
Subpart A_General
Sec.
201-1.100 Scope.
201-1.101 Definitions.
201-1.102 Federal Acquisition Security Council (FASC).
Subpart B_Supply Chain Risk Information Sharing
201-1.200 Information sharing agency (ISA).
201-1.201 Submitting information to the FASC.
Subpart C_Exclusion and Removal Orders
201-1.300 Evaluation of sources and covered articles.
201-1.301 Recommendation.
201-1.302 Notice of recommendation to source and opportunity to respond.
201-1.303 Issuance of orders and related activities.
201-1.304 Executive agency compliance with exclusion and removal orders.
Authority: 41 U.S.C. 1321-1328, 4713.
Source: 86 FR 47587, Aug. 26, 2021, unless otherwise noted.
Subpart A_General
Sec. 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.
Sec. 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;
[[Page 8]]
(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
[[Page 9]]
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.
Sec. 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.
[[Page 10]]
(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
Sec. 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 Sec. 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.
[[Page 11]]
Sec. 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 Sec. 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 Sec.
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 Sec. 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 Sec. 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
[[Page 12]]
(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
Sec. 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:
[[Page 13]]
(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.
Sec. 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.
[[Page 14]]
Sec. 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 Sec.
201-1.201(d)(2).
Sec. 201-1.303 Issuance of orders and related activities.
(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 Sec. 201-1.301, and any information submitted by a source
pursuant to Sec. 201-1.302, and determine
[[Page 15]]
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 Sec. 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
[[Page 16]]
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.
Sec. 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
Sec. 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.
[[Page 17]]
Subtitle E [Reserved]
[[Page 19]]
Subtitle F--Federal Travel Regulation System
[[Page 21]]
CHAPTER 300--GENERAL
--------------------------------------------------------------------
SUBCHAPTER A--INTRODUCTION
Part Page
300-1 The Federal Travel Regulation (FTR)......... 23
300-2 How to use the FTR.......................... 23
300-3 Glossary of terms........................... 24
SUBCHAPTER B--AGENCY REQUIREMENTS
300-70 Agency reporting requirements............... 34
300-80 Relocation expenses test programs........... 35
300-90--300-99
[Reserved]
[[Page 23]]
SUBCHAPTER A_INTRODUCTION
PART 300 1_THE FEDERAL TRAVEL REGULATION (FTR)--Table of Contents
Sec.
300-1.1 What is the FTR?
300-1.2 What is the purpose of the FTR?
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O.
11609, 3 CFR, 1971-1975 Comp., p. 586.
Source: FTR Amdt. 70, 63 FR 15951, Apr. 1, 1998, unless otherwise
noted.
Sec. 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.
Sec. 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--Table of Contents
Subpart A_General
Sec.
300-2.1 What formats exist in the FTR?
Subpart B_Question and Answer Format
300-2.20 What is the purpose of the question & answer format?
300-2.21 How is the rule expressed in the question & answer format?
300-2.22 Who is subject to the FTR?
300-2.23 How is the user addressed in the FTR?
Subpart C_Title and Narrative Format
300-2.70 How is the rule expressed in the title and narrative format?
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O.
11609, 3 CFR, 1971-1975 Comp., p. 586.
Source: FTR Amdt. 70, 63 FR 15951, Apr. 1, 1998, unless otherwise
noted.
Subpart A_General
Sec. 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
Sec. 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.
Sec. 300-2.21 How is the rule expressed in the question and answer
format?
The rule is expressed in both the question and answer.
Sec. 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:
------------------------------------------------------------------------
The employee And the agency
For provisions provisions are
contained in contained in
------------------------------------------------------------------------
Chapter 301................... Subchapters A, B, Subchapter D.
and C.
Chapter 302................... Subchapters A, B, Subchapters A, B, C,
C, D, E, and F. D, E, and F.
Chapter 303................... N/A.............. Part 303-70.
Chapter 304................... Subchapter A..... Subchapters B and C.
------------------------------------------------------------------------
[FTR Amdt. 70, 63 FR 15951, Apr. 1, 1998, as amended by FTR Amdt. 76, 64
FR 2433, Jan. 14, 1999; FTR Amdt. 98, 66 FR 58195, Nov. 20, 2001; 67 FR
7219, Feb. 15, 2002; FTR Amdt. 2003-02, 68 FR 12604, Mar. 17, 2003]
[[Page 24]]
Sec. 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:
----------------------------------------------------------------------------------------------------------------
The employee is referred to And the agency is
When you are in the And you are looking at a using referred to using
----------------------------------------------------------------------------------------------------------------
Employee section............. Question................ I, me, or my................. Agency.
Answer.................. You or your.................. Agency.
Agency section............... Question................ Employee..................... We, us, or our.
Answer.................. Employee..................... You or your.
----------------------------------------------------------------------------------------------------------------
Subpart C_Title and Narrative Format
Sec. 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--Table of Contents
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; E.O
11609, as amended, 3 CFR, 1971-1975 Comp., p. 586, Office of Management
and Budget Circular No. A-126, revised May 22, 1992.
Sec. 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 Federal Register by the Federal Emergency
Management
[[Page 25]]
Agency (FEMA). Additionally, the approved accommodation list is
available on the U.S. Fire Administration's internet site at https://
apps.usfa.fema.gov/hotel/.
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 Sec. 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
[[Page 26]]
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.
Note to definition of ``Domestic partnership'': 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
[[Page 27]]
management reporting. The eTS provides the services of a Federal travel
management program as specified in Sec. 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.
[[Page 28]]
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;
[[Page 29]]
(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.
Note to definition of ``Innovative mobility technology company'':
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
[[Page 30]]
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 Sec.
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.
[[Page 31]]
(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.
Note 1 to definition of ``Per diem allowance''. 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 Sec.
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).
[[Page 32]]
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 Sec. 301-10.262(a) and Sec.
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
[[Page 33]]
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.
Note: Certain jurisdictions may have limits or prohibit the operation or
use of TNCs. Federal employees are expected to follow all laws,
including those related to TNCs, as well as choose the most cost
effective level of service.
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 Sec. 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.
[FTR Amdt. 70, 63 FR 15951, Apr. 1, 1998]
Editorial Note: For Federal Register citations affecting Sec. 300-
3.1, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.govinfo.gov.
[[Page 34]]
SUBCHAPTER B_AGENCY REQUIREMENTS
PART 300 70_AGENCY REPORTING REQUIREMENTS--Table of Contents
Subpart A_Requirement To Report Agency Payments for Employee Travel,
Transportation, and Relocation
Sec.
300-70.1 What are the requirements for reporting payments for employee
travel, transportation, and relocation?
300-70.2 What information must we report?
300-70.3 When must we report pertinent travel, transportation, and
relocation data?
300-70.4 Must we report travel, transportation, and relocation data if
we have major suborganizations?
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?
300-70.101 What information must we report on the use of first class and
business class transportation accommodations?
300-70.102 When must we report on the use of first class and business
class transportation accommodations?
300-70.103 Are there any exceptions to the first class and business
class reporting requirement?
Subpart C [Reserved]
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O.
11609, as amended, 3 CFR, 1971-1975 Comp., p. 586.
Source: FTR Amdt. 70, 63 FR 15953, Apr. 1, 1998, unless otherwise
noted.
Subpart A_Requirement To Report Agency Payments for Employee Travel,
Transportation, and Relocation
Sec. 300-70.1 What are the requirements for reporting payments for
employee travel, transportation, and relocation?
Agencies (as defined in Sec. 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.
[FTR Amdt. 2011-01, 76 FR 18335, Apr. 1, 2011, as amended by FTR Amdt.
2017-01, 83 FR 604, Jan. 5, 2018]
Sec. 300-70.2 What information must we report?
Information on agency reporting requirements is available at https:/
/www.gsa.gov/trip.
[FTR Amdt. 2017-01, 83 FR 604, Jan. 5, 2018, as amended at 85 FR 39848,
July 2, 2020]
Sec. 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 Sec. 300-70.1. The head of your agency is responsible for
ensuring this data is complete and accurate before submitting it to GSA.
[FTR Amdt. 2017-01, 83 FR 604, Jan. 5, 2018]
Sec. 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.
[FTR Amdt. 2017-01, 83 FR 604, Jan. 5, 2018]
Subpart B_Requirement to Report Use of First Class and Business Class
Transportation Accommodations
Sec. 300-70.100 Who must report the use of first class and business
class transportation accommodations?
An agency as defined in Sec. 301-1.1 of this subtitle.
[[Page 35]]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 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.
Note to Sec. 300-70.103: If the aggregate information is also
protected from public disclosure then a negative report must be
submitted to GSA.
[FTR Amdt. 2009-06, 74 FR 55146, Oct. 27, 2009, as amended by FTR Case
2020-300-1, 87 FR 55702, Sept. 12, 2022]
Subpart C [Reserved]
PART 300 80_RELOCATION EXPENSES TEST PROGRAMS--Table of Contents
Sec.
300-80.1 What is a relocation expenses test program?
300-80.2 Who may authorize test programs?
300-80.3 What must be done to apply for test program authority?
300-80.4 How many test programs may be authorized by GSA throughout the
Government?
300-80.5 What factors will GSA consider in approving a request for a
relocation expenses test program?
300-80.6 What limits are there to test programs?
300-80.7 How long is the duration of test programs?
300-80.8 What must we do to apply for a test program extension?
300-80.9 What reports are required for a test program?
Authority: 5 U.S.C. 5707, 5738, and 5739.
Source: FTR Amdt. 83, 64 FR 28881, May 27, 1999, unless otherwise
noted.
Sec. 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.
[FTR Amdt. 83, 64 FR 28881, May 27, 1999, as amended by FTR Amdt. 2007-
04, 72 FR 51374, Sept. 7, 2007]
Sec. 300-80.2 Who may authorize test programs?
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.
[FTR Amdt. 83, 64 FR 28881, May 27, 1999, as amended by FTR Amdt. 2007-
04, 72 FR 51374, Sept. 7, 2007]
[[Page 36]]
Sec. 300-80.3 What must be done to apply for test program authority?
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.
[FTR Amdt. 83, 64 FR 28881, May 27, 1999, as amended by FTR Amdt. 2007-
04, 72 FR 51374, Sept. 7, 2007; 85 FR 39848, July 2, 2020]
Sec. 300-80.4 How many test programs may be authorized by GSA
hroughout the government?
No more than 12 relocation expense test programs may be conducted at
the same time.
[FTR Amdt. 83, 64 FR 28881, May 27, 1999, as amended by FTR Amdt. 2007-
04, 72 FR 51374, Sept. 7, 2007; FTR Amdt. 2010-03, 75 FR 58330, Sept.
24, 2010]
Sec. 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 Sec. 300-80.3.
(f) Other agency requests under consideration at the time of
submission.
(g) Uniqueness of proposed test.
Sec. 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.
[FTR Amdt. 2007-04, 72 FR 51374, Sept. 7, 2007, as amended by FTR Amdt.
2010-03, 75 FR 58330, Sept. 24, 2010]
Sec. 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 Sec. 300-80.8).
[FTR Amdt. 2010-03, 75 FR 58330, Sept. 24, 2010]
Sec. 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.
[FTR Amdt. 2010-03, 75 FR 58330, Sept. 24, 2010, as amended at 85 FR
39848, July 2, 2020]
Sec. 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,
[[Page 37]]
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.
[FTR Amdt. 83, 64 FR 28881, May 27, 1999. Redesignated and amended by
FTR Amdt. 2007-04, 72 FR 51374, Sept. 7, 2007. Further redesignated and
amended by FTR Amdt. 2010-03, 75 FR 58330, Sept. 24, 2010; 85 FR 39848,
July 2, 2020]
PARTS 300 90_300 99 [RESERVED]
[[Page 39]]
CHAPTER 301--TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES
--------------------------------------------------------------------
SUBCHAPTER A--INTRODUCTION
Part Page
301-1 Applicability............................... 41
301-2 General rules............................... 41
SUBCHAPTER B--ALLOWABLE TRAVEL EXPENSES
301-10 Transportation expenses..................... 43
301-11 Per diem expenses........................... 60
301-12 Miscellaneous expenses...................... 71
301-13 Travel of an employee with special needs.... 72
301-30 Emergency travel............................ 73
301-31 Threatened law enforcement/investigative
employees............................... 74
SUBCHAPTER C--ARRANGING FOR TRAVEL SERVICES, PAYING TRAVEL EXPENSES, AND
CLAIMING REIMBURSEMENT
301-50 Arranging for travel services............... 76
301-51 Paying travel expenses...................... 77
301-52 Claiming reimbursement...................... 81
301-53 Using promotional materials and frequent
traveler programs....................... 85
301-54 Collection of undisputed delinquent amounts
owed to the contractor issuing the
individually billed travel charge card.. 86
SUBCHAPTER D--AGENCY RESPONSIBILITIES
301-70 Internal policy and procedure requirements.. 88
301-71 Agency travel accountability requirements... 104
301-72 Agency responsibilities related to common
carrier transportation.................. 110
301-73 Travel programs............................. 113
301-74 Conference planning......................... 117
301-75 Pre-employment interview travel............. 120
[[Page 40]]
301-76 Collection of undisputed delinquent amounts
owed to the contractor issuing the
individually billed travel charge card.. 123
301-77--301-99
[Reserved]
Appendix A to Chapter 301--Prescribed Maximum Per Diem Rates
for CONUS. 124
Appendix B to Chapter 301--Allocation of M&IE Rates To Be
Used in Making Deductions From the M&IE Allowance......... 124
Appendix C to Chapter 301--Standard Data Elements for
Federal Travel [Traveler Identification].................. 124
Appendixes D-E to Chapter 301 [Reserved]
[[Page 41]]
SUBCHAPTER A_INTRODUCTION
PART 301 1_APPLICABILITY--Table of Contents
Sec.
301-1.1 What is an ``agency'' for purposes of TDY allowances?
301-1.2 What is an ``employee'' for purposes of TDY allowances?
301-1.3 Who is eligible for TDY allowances?
Authority: 5 U.S.C. 5707.
Source: FTR Amdt. 70, 63 FR 15954, Apr. 1, 1998, unless otherwise
noted.
Sec. 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 A Government-controlled
U.S.C. 105 (except for Government- corporation.
Controlled Corporations, i.e. mixed
ownership Government Corporation as
defined in 31 U.S.C. 9101)..
A military department..................... A Member of Congress.
An office, agency or other establishment An office or committee of
in the legislative branch. 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.
------------------------------------------------------------------------
[FTR Amdt. 70, 63 FR 15954, Apr. 1, 1998, as amended by FTR Amdt. 108,
67 FR 57964, Sept. 13, 2002]
Sec. 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'').
Sec. 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--Table of Contents
Sec.
301-2.1 Must I have authorization to travel?
301-2.2 What travel expenses may my agency pay?
301-2.3 What standard of care must I use in incurring travel expenses?
301-2.4 For what travel expenses am I responsible?
301-2.5 What travel arrangements require specific authorization or prior
approval?
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353; 49 U.S.C. 40118.
Source: FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, unless otherwise
noted.
Sec. 301-2.1 Must I have authorization to travel?
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 Sec. 301-2.5(c), (i), (n), and (o) of this part.
[FTR Case 2020-300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 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
[[Page 42]]
(d) Travel expenses of an employee with special needs as provided in
part 301-13 of this chapter.
Sec. 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.
Sec. 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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Case 2020-
300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 301-2.5 What travel arrangements require specific authorization
or prior approval?
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 Sec. 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 Sec. 301-
11.18(b).
Note to Sec. 301-2.5: Paragraphs (c), (i), (n), and (o) of this
section require a written or electronic advance authorization.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2005-
03, 70 FR 28459, May 18, 2005; FTR Amdt. 2009-03, 74 FR 16328, Apr. 10,
2009; FTR Amdt. 2009-06, 74 FR 55147, Oct. 27, 2009; FTR Amdt. 2011-03,
76 FR 55274, Sept. 7, 2011; FTR Case 2020-300-1, 87 FR 55702, Sept. 12,
2022]
[[Page 43]]
SUBCHAPTER B_ALLOWABLE TRAVEL EXPENSES
PART 301 10_TRANSPORTATION EXPENSES--Table of Contents
Subpart A_General
Sec.
301-10.1 Am I eligible for payment of transportation expenses?
301-10.2 What expenses are payable as transportation?
301-10.3 What methods of transportation may my agency authorize me to
use?
301-10.4 How does my agency select the method of transportation to be
used?
301-10.5 What are the presumptions as to the most advantageous method of
transportation by order of precedence?
301-10.6 What is my liability if I do not travel by the authorized
method of transportation?
301-10.7 How should I route my travel?
301-10.8 What is my liability if, for personal convenience I travel by
an indirect route or interrupt travel by a direct route?
Subpart B_Common Carrier Transportation
301-10.100 What types of common carrier transportation may I be
authorized to use?
301-10.101 What classes of common carrier accommodations are available?
301-10.102 What class of common carrier accommodations must I use?
301-10.103 When may I use other than coach class accommodations?
301-10.104 What must I do if I change or do not use a common carrier
reservation?
301-10.105 What must I do with unused Government Transportation
Request(s) (GTR(s)), ticket(s), or refund application(s)?
301-10.106 Am I authorized to receive or keep a refund or credit for
unused transportation?
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?
301-10.111 Are there any exceptions to the use of a contract City Pair
Program fare?
301-10.112 What requirements must be met to use a non-contract fare?
301-10.113 What is my liability for unauthorized use of a non-contract
carrier when contract service is available and I do not meet
one of the exceptions for required use?
301-10.114 May I 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?
301-10.121 When may I use coach class seating upgrade programs?
301-10.122 What must I do with compensation an airline gives me if it
denies me a seat on a plane?
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?
301-10.124 When may I use a reduced group or charter fare?
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?
301-10.132 Who is required to use a U.S. flag air carrier?
301-10.133 What is a U.S. flag air carrier?
301-10.134 What is U.S. flag air carrier service?
301-10.135 When must I travel using U.S. flag air carrier service?
301-10.136 What exceptions to the Fly America Act requirements apply
when I travel between the United States and another country?
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
destination?
301-10.138 In what circumstances is foreign air carrier service deemed a
matter of necessity?
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?
301-10.140 May I use a foreign air carrier if the service is preferred
by or more convenient for my agency or me?
301-10.141 Must I provide any special certification or documents if I
use a foreign air carrier?
301-10.142 What must the certification include?
301-10.143 What is my liability if I improperly use a foreign air
carrier?
301-10.144-301-10.159 [Reserved]
Train
301-10.160 When may I use extra-fare train service?
301-10.161 When may I use sleeping accommodations aboard train service?
[[Page 44]]
301-10.162--301-10.179 [Reserved]
Ship
301-10.180 Must I travel by a U.S. flag ship?
301-10.181 What is my liability if I improperly use a foreign ship?
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?
Subpart C_Government Vehicle
301-10.200 What types of Government vehicles may my agency authorize me
to use?
301-10.201 For what purposes may I use a Government vehicle other than a
Government aircraft?
301-10.202 What is my liability for unauthorized use of a Government
vehicle?
Government-Furnished Automobiles
301-10.220 What requirements must I meet to operate a Government
automobile for official travel?
Travel on Government Aircraft
301-10.260 May I use a Government aircraft for travel?
301-10.261 When may I use a Government aircraft for travel?
301-10.262 How will my agency authorize travel on Government aircraft?
301-10.263 What travel authorization documents must I present to the
aircraft management office that operates the Government
aircraft?
301-10.264 What amount must the Government be reimbursed for travel on
Government aircraft?
301-10.265 Will my travel on Government aircraft be reported?
301-10.266 Is information available to the public about travel on
Government aircraft by senior Federal officials and non-
Federal travelers?
Subpart D_Privately Owned Vehicle (POV)
301-10.300 When may I use a POV for official travel?
301-10.301 How do I compute my mileage reimbursement?
301-10.302 How do I determine distance measurements for my travel?
301-10.303 What am I reimbursed when use of POV is determined by my
agency to be advantageous to the Government?
301-10.304 What expenses are allowable in addition to the POV mileage
rate allowances?
301-10.305 How is reimbursement handled if another person(s) travels in
a POV with me?
301-10.306 What will I be reimbursed if authorized to use a POV between
my residence and office and then from my office to a common
carrier terminal, or from my residence directly to a common
carrier terminal?
301-10.307 What will I be reimbursed if I use a POV to transport other
employees?
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?
301-10.309 What will I be reimbursed if I am authorized to use common
carrier transportation or a rental vehicle and I use a POV
instead?
301-10.310 What will I be reimbursed if I am authorized to use a
Government owned automobile and I use a privately owned
automobile instead?
Subpart E_Special Conveyances
301-10.400 What types of special conveyances may my agency authorize me
to use?
301-10.401 What types of charges are reimbursable for use of a special
conveyance?
301-10.402 What will I be reimbursed if I am authorized to use a special
conveyance and I use a POV instead?
301-10.403 What is the difference between a Government aircraft and an
aircraft hired as a special conveyance?
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?
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?
Rental Automobiles
301-10.450 What are the policies when authorized to rent a vehicle for
official travel?
301-10.451 May I be reimbursed for the cost of collision damage waiver
(CDW) or theft insurance?
301-10.452 May I be reimbursed for personal accident insurance?
301-10.453 What is my liability for unauthorized use of a rental
automobile obtained with Government funds?
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; Office
of Management and Budget Circular No. A-126, ``Improving the Management
and Use of Government Aircraft.'' Revised May 22, 1992.
[[Page 45]]
Source: FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, unless otherwise
noted.
Subpart A_General
Sec. 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.
[FTR Amdt. 2010-02, 75 FR 24435, May 5, 2010]
Sec. 301-10.2 What expenses are payable as transportation?
Fares, rental fees, mileage payments, and other expenses related to
transportation.
Sec. 301-10.3 What methods of transportation may my agency authorize
me to use?
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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2010-
02, 75 FR 24435, May 5, 2010; FTR Amdt. 2017-01, 83 FR 604, Jan. 5,
2018]
Sec. 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.
Sec. 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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2015-
03, 80 FR 27260, 27261, May 13, 2015]
Sec. 301-10.6 What is my liability if I do not travel by the authorized
method of transportation?
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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2010-
07, 75 FR 72967, Nov. 29, 2010]
Sec. 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.
Sec. 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.
[[Page 46]]
Subpart B_Common Carrier Transportation
Sec. 301-10.100 What types of common carrier transportation may
I be authorized to use?
You may be authorized to use airline, train, ship, bus, or other
transit system.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2010-
02, 75 FR 24435, May 5, 2010]
Sec. 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.
Note 1 to Sec. 301-10.101: 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.''
[FTR Case 2020-300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 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 Sec. 301-10.103.
[FTR Case 2020-300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 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 Sec. 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;
[[Page 47]]
(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 Sec. 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 Sec. 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.
Note 1 to Sec. 301-10.103: 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.
Note 2 to Sec. 301-10.103: 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.
[FTR Case 2020-300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55702, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55703, Sept. 12, 2022]
Sec. 301-10.106 Am I authorized to receive or keep a refund or credit
for unused transportation?
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 Sec. 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
[[Page 48]]
Government for any unused transportation expense(s) credited to your
individually billed Government charge card account.
[FTR Case 2020-300-1, 87 FR 55703, Sept. 12, 2022]
Sec. Sec. 301-10.107--301-10.109 [Reserved]
Use of Contract City Pair Program Fares
Sec. 301-10.110 When must I use a contract City Pair Program fare?
If you are an employee of an agency as defined in Sec. 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 Sec. 301-10.111 exists.
Note 1 to Sec. 301-10.110: 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.
Note 2 to Sec. 301-10.110: 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.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. 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
Note 1 to paragraph (c): 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.
Note 2 to Sec. 301-10.111: 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.
Note 3 to Sec. 301-10.111: Contractors are not authorized to use
contract City Pair Program fares to perform travel under their
contracts.
Note 4 to Sec. 301-10.111: Carrier preference is not a valid
exception for using a non-contract City Pair Program fare.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. 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 Sec. 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.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
[[Page 49]]
Sec. 301-10.113 What is my liability for unauthorized use of a
non-contract carrier when contract service is available and I do
not meet one of the exceptions for required use?
You are responsible for any additional costs or penalties incurred
by you resulting from unauthorized use of non-contract service.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. Sec. 301-10.115--301-10.117 [Reserved]
Airline Accommodations
Sec. Sec. 301-10.118--301-10.119 [Reserved]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. 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 Sec. 301-70.102(k)).
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55704, Sept. 12, 2022]
[[Page 50]]
Sec. Sec. 301-10.125--301-10.129 [Reserved]
Use of United States Flag Air Carriers
Source: FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, unless otherwise
noted.
Sec. 301-10.130 [Reserved]
Sec. 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).
Sec. 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 Sec. 301-10.135, Sec. Sec. 301-10.136, and 301-10.137.
Sec. 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.
Sec. 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.
Sec. 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 Sec. Sec.
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 Sec. 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.
[FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, as amended by FTR Amdt. 2009-
02, 74 FR 2397, Jan. 15, 2009; 85 FR 39848, July 2, 2020]
[[Page 51]]
Sec. 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.
Sec. 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.
Sec. 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.
[FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, as amended by FTR Amdt. 2007-
05, 72 FR 61537, Oct. 31, 2007]
Sec. 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.
Sec. 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 Sec. 301-10.135, Sec. 301-10.136, or Sec. 301-
10.137 or unless foreign air carrier service is deemed a matter of
necessity under Sec. 301-10.138.
[[Page 52]]
Sec. 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 Sec. 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.
[FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, as amended by FTR Amdt. 108,
67 FR 57964, Sept. 13, 2002]
Sec. 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
Sec. 301-10.135, Sec. 301-10.136, or Sec. 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 Sec. 301-10.138.
Sec. 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.
Sec. Sec. 301-10.144--301-10.159 [Reserved]
Train
Sec. 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 Sec. Sec. 301-
10.103(b) and 301-10.103(c).
[FTR Case 2020-300-1, 87 FR 55705, Sept. 12, 2022]
Sec. 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.
[FTR Case 2020-300-1, 87 FR 55705, Sept. 12, 2022]
Sec. Sec. 301-10.162--301-10.179 [Reserved]
Ship
Sec. 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).
[FTR Case 2020-300-1, 87 FR 55705, Sept. 12, 2022]
Sec. 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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998]
[[Page 53]]
Sec. Sec. 301-10.182--301-10.189 [Reserved]
Transit Systems
Sec. 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.
[FTR Amdt. 2010-02, 75 FR 24435, May 5, 2010]
Subpart C_Government Vehicle
Sec. 301-10.200 What types of Government vehicles may my agency
authorize me to use?
You may be authorized to use:
(a) A Government-furnished automobile in accordance with Sec. 301-
10.220;
(b) A Government aircraft in accordance with Sec. Sec. 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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998;
FTR Amdt. 2015-03, 80 FR 27261, May 13, 2015]
Sec. 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.
Sec. 301-10.202 What is my liability for unauthorized use of a
Government vehicle?
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
Sec. 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 .
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2015-
03, 80 FR 27261, May 13, 2015]
[[Page 54]]
Travel on Government Aircraft
Sec. 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 Sec. Sec. 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.
[FTR Amdt. 2004-02, 69 FR 34304, June 21, 2004]
Sec. 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 aviationpolicy@gsa.gov.
(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
Sec. Sec. 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.
[FTR Amdt. 2004-02, 69 FR 34304, June 21, 2004, as amended by FTR Amdt.
2010-04, 75 FR 59095, Sept. 27, 2010; 85 FR 39848, July 2, 2020]
Sec. 301-10.262 How will my agency authorize travel on Government
aircraft?
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.
Note to Sec. 301-10.262(a): In an emergency situation, prior verbal
approval for required-use travel with an after-the-fact written
authorization is permitted.
[[Page 55]]
(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.
[FTR Amdt. 2004-02, 69 FR 34304, June 21, 2004, as amended by FTR Case
2022-05, 89 FR 12251, Feb. 16, 2024]
Sec. 301-10.263 What travel authorization documents must I present to
the aircraft management office that operates the Government aircraft?
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 Sec.
301-10.262; and
(b) Valid picture identification, such as a Government
identification card or a state-issued driver's license.
[FTR Amdt. 2004-02, 69 FR 34304, June 21, 2004]
Sec. 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
[[Page 56]]
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.
Note to Sec. 301-10.264: 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.
[FTR Amdt. 2004-02, 69 FR 34304, June 21, 2004, as amended by FTR Amdt.
2010-04, 75 FR 59095, Sept. 27, 2010]
Sec. 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.)
[FTR Amdt. 2004-02, 69 FR 34304, June 21, 2004, as amended by FTR Amdt.
2010-04, 75 FR 59095, Sept. 27, 2010]
Sec. 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).
[FTR Amdt. 2004-02, 69 FR 34304, June 21, 2004]
Subpart D_Privately Owned Vehicle (POV)
Sec. 301-10.300 When may I use a POV for official travel?
When authorized by your agency.
Sec. 301-10.301 How do I compute my mileage reimbursement?
You compute mileage reimbursement by multiplying the distance
traveled, determined under Sec. 301-10.302 of this subpart by the
applicable mileage rate.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2010-
07, 75 FR 72967, Nov. 29, 2010]
Sec. 301-10.302 How do I determine distance measurements for my travel?
------------------------------------------------------------------------
The distance between your origin and
If you travel by destination is
------------------------------------------------------------------------
Privately owned automobile or As shown in paper or electronic standard
privately owned motorcycle. 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).
------------------------------------------------------------------------
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 108,
67 FR 57965, Sept. 13, 2002; FTR Amdt. 2005-05, 70 FR 61046, Oct. 20,
2005; FTR Amdt. 2010-04, 75 FR 59095, Sept. 27, 2010]
[[Page 57]]
Sec. 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).
[FTR Amdt. 2010-07, 75 FR 72967, Nov. 29, 2010, as amended at 85 FR
39848, July 2, 2020]
Sec. 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:
------------------------------------------------------------------------
Non-reimbursable expenses
Reimbursable expenses in addition to included in the mileage
mileage allowance allowance
------------------------------------------------------------------------
Parking fees; ferry fees; bridge, road, Charges for repairs,
and tunnel fees; and aircraft or airplane depreciation, replacements,
parking, landing, and tie-down fees. grease, oil, antifreeze,
towage and similar
speculative expenses, fuel,
insurance, state and
Federal taxes.
------------------------------------------------------------------------
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 108,
67 FR 57965, Sept. 13, 2002; 87 FR 24065, Apr. 22, 2022]
Sec. 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.
Sec. 301-10.306 What will I be reimbursed if authorized to use a POV
between my residence and office and then from my office to a common
carrier terminal, or from my residence directly to a common carrier
terminal?
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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2005-
05, 70 FR 61047, Oct. 20, 2005]
Sec. 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 Sec. 301-10.305.
Sec. 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.
[FTR Amdt. 2017-01, 83 FR 604, Jan. 5, 2018]
Sec. 301-10.309 What will I be reimbursed if I am authorized to use
common carrier transportation or a rental vehicle and I use a POV
instead?
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 Sec.
301-70.105(a).
[88 FR 2845, Jan. 18, 2023]
Sec. 301-10.310 What will I be reimbursed if I am authorized to use
a Government-furnished automobile and I use a privately owned automobile
instead?
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
[[Page 58]]
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
Sec. 301-10.304.
[FTR Amdt. 2015-03, 80 FR 27260, May 13, 2015, as amended by 80 FR
27261, May 13, 2015; 80 FR 37996, July 2, 2015; 85 FR 39848, July 2,
2020]
Subpart E_Special Conveyances
Sec. 301-10.400 What types of special conveyances may my agency
authorize me to use?
Your agency may authorize/approve use of:
(a) Taxis, TNCs, or innovative mobility technology companies as
specified in Sec. Sec. 301-10.420 through 301-10.421 of this chapter;
(b) Commercial rental automobiles as specified in Sec. Sec. 301-
10.450 through 301-10.453 of this chapter; or
(c) Any other special conveyance when determined to be advantageous
to the Government.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2017-
01, 83 FR 604, Jan. 5, 2018]
Sec. 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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by 87 FR 24065,
Apr. 22, 2022]
Sec. 301-10.402 What will I be reimbursed if I am authorized to use
a special conveyance and I use a POV instead?
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.
Sec. 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
Sec. 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.
[[Page 59]]
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.
[FTR Amdt. 2010-02, 75 FR 24435, May 5, 2010, as amended by FTR Amdt.
2017-01, 83 FR 604, Jan. 5, 2018]
Sec. 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
Sec. 301-10.450 What are the policies when authorized to rent a
vehicle for official travel?
(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 Sec. 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 Sec. 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
[[Page 60]]
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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR Amdt. 2010-
05, 75 FR 63103, Oct. 14, 2010; FTR Amdt. 2015-03, 80 FR 27261, May 13,
2015; 87 FR 24065, Apr. 22, 2022]
Sec. 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.
[FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by 87 FR 24065,
Apr. 22, 2022]
Sec. 301-10.452 May I be reimbursed for personal accident insurance?
No. That is a personal expense and is not reimbursable.
Sec. 301-10.453 What is my liability for unauthorized use of a rental
automobile obtained with Government funds?
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--Table of Contents
Subpart A_General Rules
Sec.
301-11.1 When am I eligible for an allowance (per diem or actual
expense)?
301-11.2 Will I be reimbursed for per diem expenses if my official
travel is 12 hours or less?
301-11.3 Must my agency pay an allowance (either a per diem allowance or
actual expense)?
301-11.4 May I be reimbursed actual expense and per diem on the same
trip?
301-11.5 How will my per diem expenses be reimbursed?
301-11.6 Where do I find maximum per diem and actual expense rates?
301-11.7 What determines my maximum per diem reimbursement rate?
301-11.8 What is the maximum per diem rate I will receive if lodging is
not available at my TDY location?
301-11.9 When does per diem or actual expense entitlement start/stop?
[[Page 61]]
301-11.10 Am I required to record departure/arrival dates and times on
my travel claim?
301-11.11 How do I select lodging and make lodging reservations?
301-11.12 How does the type of lodging I select affect my reimbursement?
301-11.13 How does sharing a room with another person affect my per diem
reimbursement?
301-11.14 How is my daily lodging rate computed when I rent lodging on a
long-term basis?
301-11.15 What expenses may be considered part of the daily lodging cost
when I rent on a long-term basis?
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?
301-11.17 If my agency authorizes per diem reimbursement, will it reduce
my M&IE allowance for a meal(s) provided by a common carrier
or for a complimentary meal(s) provided by a hotel/motel?
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?
301-11.19 How is my per diem calculated when I travel across the
international dateline (IDL)?
301-11.20 May my agency authorize a rest period for me while I am
traveling?
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?
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?
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?
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?
301-11.25 Must I provide receipts to substantiate my claimed travel
expenses?
301-11.26 How do I request a review of the per diem in a location?
301-11.27 Are taxes included in the lodging portion of the Government
per diem rate?
301-11.28 As a traveler on official business, am I required to pay
applicable lodging taxes?
301-11.29 Are lodging facilities required to accept a generic federal,
state or local tax exempt certificate?
301-11.30 What is my option if the Government lodging rate exceeds my
lodging reimbursement?
301-11.31 Are laundry, cleaning and pressing of clothing expenses
reimbursable?
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?
Subpart B_Lodgings-Plus Per Diem
301-11.100 What will I be paid for lodging under Lodgings-plus per diem?
301-11.101 What allowance will I be paid for M&IE?
301-11.102 What is the applicable M&IE rate?
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?
Subpart D_Actual Expense
301-11.300 When is actual expense reimbursement warranted?
301-11.301 Who in my agency can authorize/approve my request for actual
expense?
301-11.302 When should I request authorization for reimbursement under
actual expense?
301-11.303 What is the maximum amount that I may be reimbursed under
actual expense?
301-11.304 What if my expenses are less than the authorized amount?
301-11.305 What if my actual expenses exceed the 300 percent ceiling?
301-11.306 What expenses am I required to itemize under actual expense?
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?
301-11.602 What factors should my agency consider in determining whether
to authorize extended TDY?
301-11.603 What are the tax consequences of extended TDY?
301-11.604 What are the procedures for calculation and reimbursement of
my WTA and ETTRA for taxable extended TDY?
301-11.605 When should I file my ``Statement of Income and Tax Filing
Status'' for my taxable extended TDY assignment?
[[Page 62]]
Authority: 5 U.S.C. 5707.
Source: FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, unless otherwise
noted.
Subpart A_General Rules
Sec. 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.
Sec. 301-11.2 Will I be reimbursed for per diem expenses if my official
travel is 12 hours or less?
No.
Sec. 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.
Sec. 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 Sec. 301-11.305 or Sec.
301-11.306. Your agency must determine when the transition between the
reimbursement methods occurs.
Sec. 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.
[FTR Amdt. 89, 65 FR 1327, Jan. 10, 2000, as amended by FTR Amdt. 2013-
01, 78 FR 65211, Oct. 31, 2013]
Sec. 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 per diem and
For travel in Rates set by actual expense see
------------------------------------------------------------------------
(a) Continental United States General Services For per diem, see
(CONUS). Administration. applicable FTR Per
Diem Bulletins
issued periodically
by the Office of
Government-wide
Policy, and
available at https://
www.gsa.gov/perdiem.
For actual expense,
see 41 CFR 301-
11.300--301-11.306.
(b) Non-foreign areas......... Department of Per Diem Bulletins
Defense (Per issued by PDTATAC
Diem, Travel and and published
Transportation periodically in the
Allowance Federal Register or
Committee Internet at https://
(PDTATAC)). www.defensetravel.do
d.mil/site/
perdiemCalc.cfm.
(Rates also appear
in section 925, a
per diem supplement
to the Department of
State Standardized
Regulations
(Government
Civilians-Foreign
Areas).)
(c) Foreign areas............. Department of A per diem supplement
State. to section 925,
Department of State
Standardized
Regulations
(Government
Civilians-Foreign
Areas) and available
on the Internet at
https://
aoprals.state.gov/
web920/per_diem.asp.
------------------------------------------------------------------------
[FTR Amdt. 2003-03, 68 FR 22314, Apr. 28, 2003, as amended by FTR Amdt.
2007-05, 72 FR 61537, Oct. 31, 2007; FTR Amdt. 2011-03, 76 FR 55275,
Sept. 7, 2011; 85 FR 39848, July 2, 2020]
Sec. 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
[[Page 63]]
rate for the TDY location. (See Sec. 301-11.102.)
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998; 63 FR 35537, June 30, 1998, as
amended by FTR Amdt. 2011-03, 76 FR 55275, Sept. 7, 2011]
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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[supreg] (https://www.fedrooms.com). The advantages of
obtaining lodging using the FedRooms[supreg] 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[supreg] Web site,
and hotel reservation call centers). The FedRooms[supreg] rate code
(XVU) must be entered to get the program benefits.
Note to Sec. 301-11.11: 5 U.S.C. 5707a does not apply to the
District of Columbia government.
[FTR Amdt. 2010-05, 75 FR 63104, Oct. 14, 2010, as amended at 85 FR
39848, July 2, 2020]
Sec. 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
[[Page 64]]
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.
[76 FR 63845, Oct. 14, 2011]
Sec. 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.
Sec. 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.
Sec. 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).
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2007-
05, 72 FR 61537, Oct. 31, 2007]
Sec. 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.
Sec. 301-11.17 If my agency authorizes per diem reimbursement, will
it reduce my M&IE allowance for a meal(s) provided by a common carrier
or for a complimentary meal(s) provided by a hotel/motel?
No. A meal provided by a common carrier or a complimentary meal
provided by a hotel/motel does not affect your per diem.
[[Page 65]]
Sec. 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 Sec. 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 Sec. 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.
[FTR Amdt. 2009-03, 74 FR 16328, Apr. 10, 2009; 74 FR 17437, Apr. 15,
2009, as amended by FTR Amdt. 2009-07, 74 FR 54912, Oct. 26, 2009; FTR
Amdt. 2011-03, 76 FR 55275, Sept. 7, 2011; FTR Amdt. 2015-05, 80 FR
45086, July 29, 2015; FTR Amdt. 2018-01, 83 FR 30078, June 27, 2018; 85
FR 39848, July 2, 2020]
Sec. 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.
Sec. 301-11.20 May my agency authorize a rest period for me while
I am traveling?
(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.
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2005-
03, 70 FR 28460, May 18, 2005; FTR Case 2020-300-1, 87 FR 55705, Sept.
12, 2022]
Sec. 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).
[[Page 66]]
Note to Sec. 301-11.21: If emergency travel is involved due to an
incapacitating illness or injury, the rules in part 301-30 of this
chapter govern.
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2007-
05, 72 FR 61537, Oct. 31, 2007]
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 Sec. 301-52.4 of this chapter).
Note to Sec. 301-11.25: 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 Sec. 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.
[FTR Amdt. 2006-04, 71 FR 49375, Aug. 23, 2006]
Sec. 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 Sec. 301-11.26
------------------------------------------------------------------------
For non-foreign area For foreign area
For CONUS locations locations locations
------------------------------------------------------------------------
General Services Defense Travel Director, Office of
Administration, Office of Management Office, Allowances,
Government-wide Policy, Attn: Policy and Department of
1800 F St. NW, Washington, Regulations State, Annex 1,
DC 20405. Division, 4800 Mark Suite L-314,
Center Drive, Suite Washington, DC
04J25-01, 20522-0103.
Alexandria, VA
22350-9000.
------------------------------------------------------------------------
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 108,
67 FR 57965, Sept. 13, 2002; FTR Amdt. 2010-04, 75 FR 59095, Sept. 27,
2010; FTR Amdt. 2011-03, 76 FR 55275, Sept. 7, 2011; FTR Case 2020-300-
1, 87 FR 55705, Sept. 12, 2022]
[[Page 67]]
Sec. 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.
[FTR Amdt. 75, 63 FR 66675, Dec. 2, 1998, as amended by FTR Amdt. 108,
67 FR 57965, Sept. 13, 2002]
Sec. 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.
Sec. 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 [supreg]
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 (gsa_smartpay@gsa.gov).
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2007-
05, 72 FR 61537, Oct. 31, 2007; FTR Amdt. 2011-03, 76 FR 55275, Sept. 7,
2011; 85 FR 39849, July 2, 2020]
Sec. 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 Sec. 301-11.302.) Also, see
Sec. 301-70.201 for when an agency can issue a blanket actual expense
authorization.
[FTR Amdt. 75, 63 FR 66675, Dec. 2, 1998, as amended by FTR Amdt. 2011-
03, 76 FR 55275, Sept. 7, 2011]
Sec. 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.
[FTR Amdt. 2016-02, 81 FR 63136, Sept. 14, 2016]
Sec. 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.
[FTR Amdt. 108, 67 FR 57965, Sept. 13, 2002]
[[Page 68]]
Subpart B_Lodgings-Plus Per Diem
Sec. 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.
Sec. 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 .................... 75 percent of the
24 hours. 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 75 percent of the
travel. 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.
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2009-
04, 74 FR 16329, Apr. 10, 2009]
Sec. 301-11.102 What is the applicable M&IE rate?
------------------------------------------------------------------------
Your applicable M&IE
For days of travel which 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 The M&IE rate
12 hours but less applicable to the
than 24 hours. TDY site (or the
highest M&IE rate
applicable when
multiple locations
are involved).
Travel is 24 hours The M&IE rate
or more, and you applicable to the
are traveling to a new TDY site or
new TDY site or stopover point.
stopover point at
midnight.
Travel is 24 hours The M&IE rate
or more, and you applicable to the
are returning to previous day of
your official travel.
station.
------------------------------------------------------------------------
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2007-
05, 72 FR 61538, Oct. 31, 2007]
Subpart C_Reduced Per Diem
Sec. 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
Sec. 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
[[Page 69]]
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 Sec. 301-70.201);
(d) Because of mission requirements; or
(e) Any other reason approved within your agency.
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2011-
03, 76 FR 55275, Sept. 7, 2011]
Sec. 301-11.301 Who in my agency can authorize/approve my request for
actual expense?
Any official designated by the head of your agency (see Sec. 301-
70.201 for when an agency can issue a blanket actual expense
authorization).
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2011-
03, 76 FR 55275, Sept. 7, 2011]
Sec. 301-11.302 When should I request authorization for reimbursement
under actual expense?
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 Sec. 301-70.201.
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2011-
03, 76 FR 55275, Sept. 7, 2011]
Sec. 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.
Sec. 301-11.304 What if my expenses are less than the authorized amount?
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.
Sec. 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.
Sec. 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.
[FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998; 63 FR 35537, June 30, 1998]
Subpart E [Reserved]
Subpart F_Income Tax Reimbursement Allowance (ITRA), Tax Years 1995 and
Thereafter
Source: 64 FR 32815, June 18, 1999, unless otherwise noted.
General
Sec. 301-11.601 What is a taxable extended TDY assignment?
A taxable extended TDY assignment is a TDY assignment that continues
for
[[Page 70]]
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.
[FTR Amdt. 2014-01, 79 FR 49643, Aug. 21, 2014]
Sec. 301-11.602 What factors should my agency consider in determining
whether to authorize extended TDY?
Your agency should consider the factors discussed in Sec. 302-3.502
of this subtitle in determining whether to authorize extended TDY.
[FTR Amdt. 2014-01, 79 FR 49643, Aug. 21, 2014]
Sec. 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 Sec. 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.
[FTR Amdt. 2014-01, 79 FR 49643, Aug. 21, 2014]
Sec. 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
[[Page 71]]
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
Sec. 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.
Note to Sec. 301-11.604: If your agency offers you the choice, the
WTA is optional to you. See Sec. Sec. 302-17.61 through 302-17.69.
[FTR Amdt. 2014-01, 79 FR 49643, Aug. 21, 2014]
Sec. 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.
[FTR Amdt. 2014-01, 79 FR 49643, Aug. 21, 2014]
PART 301 12_MISCELLANEOUS EXPENSES--Table of Contents
Sec.
301-12.1 What miscellaneous expenses are reimbursable?
301-12.2 What baggage expenses may my agency pay?
Authority: 5 U.S.C. 5707.
Source: FTR Amdt. 70, 63 FR 15965, Apr. 1, 1998, unless otherwise
noted.
Sec. 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:
------------------------------------------------------------------------
Special expenses of
General expenses Fees to obtain money foreign travel
------------------------------------------------------------------------
Baggage expenses as Fees for travelers Commissions on
described in Sec. 301- checks. conversion of
12.2.. foreign currency.
Services of guides, Fees for money Passport and/or visa
interpreters, and drivers.. orders. 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 Sec. 301-
13.3..
Use of computers, printers, Fees for certified Costs of photographs
faxing machines, and checks. for passports and
scanners.. visas.
Services of typists, data Transaction fees for Foreign country exit
processors, or use of automated fees.
stenographers.. teller machines
(ATMs)-Government
contractor-issued
charge card.
Services of an attendant as Costs of birth,
described in Sec. 301- health, and
13.3.. identity
certificates.
Storage of property used on Charges for
official business.. inoculations that
cannot be obtained
through a Federal
dispensary.
Hire of conference center
room or hotel room for
official business..
[[Page 72]]
Official telephone calls/
service (see note)..
Faxes, telegrams,
cablegrams, or radiograms..
Lodging taxes as prescribed
in Sec. 301-11.27..
Laundry, cleaning and
pressing of clothing
expenses as prescribed in
Sec. 301-11.31..
Energy surcharge and lodging
resort fee(s) (when such
fee(s) is/are not
optional)..
------------------------------------------------------------------------
Note to Sec. 301-12.1: 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.
[FTR Amdt. 75, 63 FR 66675, Dec. 2, 1998, as amended by FTR Amdt. 108,
67 FR 57965, Sept. 13, 2002; FTR Amdt. 2006-03, 71 FR 24596, Apr. 26,
2006; FTR Amdt. 2007-05, 72 FR 61538, Oct. 31, 2007; FTR Amdt. 2010-07,
75 FR 72967, Nov. 29, 2010]
Sec. 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 Sec. Sec. 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.
[FTR Amdt. 70, 63 FR 15965, Apr. 1, 1998, as amended by FTR Amdt. 2010-
07, 75 FR 72967, Nov. 29, 2010]
PART 301 13_TRAVEL OF AN EMPLOYEE WITH SPECIAL NEEDS-
-Table of Contents
Sec.
301-13.1 What is the policy for paying additional travel expenses
incurred by an employee with a special need?
301-13.2 Under what conditions will my agency pay for my additional
travel expenses under this part?
301-13.3 What additional travel expenses may my agency pay under this
part?
Authority: 5 U.S.C. 5707.
Source: FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, unless otherwise
noted.
Sec. 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.
Sec. 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.
Sec. 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;
[[Page 73]]
(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.
Note to Sec. 301-13.3(g): 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.
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Amdt. 2005-
03, 70 FR 28460, May 18, 2005; FTR Amdt. 2006-03, 71 FR 24596, Apr. 26,
2006; FTR Amdt. 2009-06, 74 FR 55149, Oct. 27, 2009; 85 FR 39849, July
2, 2020; FTR Case 2020-300-1, 87 FR 55706, Sept. 12, 2022]
PART 301 30_EMERGENCY TRAVEL--Table of Contents
Sec.
301-30.1 What is emergency travel?
301-30.2 What is considered to be ``family'' with respect to emergency
travel?
301-30.3 What should I do if I have to interrupt or discontinue my TDY
travel?
301-30.4 When an illness or injury occurs on TDY, what expenses may be
allowed?
301-30.5 Are there any limitations to the payment of these expenses?
Authority: 5 U.S.C. 5707.
Source: FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, unless otherwise
noted.
Sec. 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.
Sec. 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 Sec. 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.
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Amdt. 2010-
06, 75 FR 67631, Nov. 3, 2010]
Sec. 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.
Sec. 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.
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Amdt. 108,
67 FR 57966, Sept. 13, 2002]
Sec. 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).
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Amdt. 2010-
07, 75 FR 72967, Nov. 29, 2010]
[[Page 74]]
PART 301 31_THREATENED LAW ENFORCEMENT/INVESTIGATIVE EMPLOYEES-
-Table of Contents
Sec.
301-31.1 Why pay subsistence and transportation expenses for threatened
law enforcement/investigative employees?
301-31.2 What is ``family'' with respect to threatened law enforcement/
investigative employees?
301-31.3 Are members of my family and I eligible for payment of
subsistence and transportation expense?
301-31.4 Must my agency pay transportation and subsistence expenses?
301-31.5 Under what conditions may my agency pay for transportation and
subsistence expenses?
301-31.6 Where must I and/or my family obtain lodging?
301-31.7 May my family and I occupy lodging at different locations?
301-31.8 What transportation expenses may my agency pay?
301-31.9 What subsistence expenses may my agency pay?
301-31.10 How will my agency pay my subsistence expenses?
301-31.11 May my agency pay me a per diem allowance instead of actual
expenses?
301-31.12 Must I keep track of my expenses?
301-31.13 How long may my agency pay for subsistence expenses under this
part?
301-31.14 May I receive a travel advance for transportation and/or
subsistence expenses?
301-31.15 What documentation must I provide for reimbursement?
Authority: 5 U.S.C. 5707.
Source: FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, unless otherwise
noted.
Sec. 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.
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Case 2022-
05, 89 FR 12252, Feb. 16, 2024]
Sec. 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 Sec. 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.
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Amdt. 2010-
06, 75 FR 67631, Nov. 3, 2010]
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 301-31.7 May my family and I occupy lodging at different
locations?
Yes, if authorized by your agency.
Sec. 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
[[Page 75]]
your family to/from a temporary location.
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR 108, 67 FR
57966, Sept. 13, 2002]
Sec. 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.
Sec. 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:
----------------------------------------------------------------------------------------------------------------
The ``maximum daily amount'' of per diem expenses that
--------------------------------------------------------------------------
You or your Your accompanied
unaccompanied spouse, spouse, domestic
If your agency authorizes domestic partner or partner or a member of A member of your family
other unaccompanied your family who is age who is under age 12 may
family member may 12 or older may receive receive is
receive is is
----------------------------------------------------------------------------------------------------------------
Payment of only lodging expenses..... The maximum lodging .75 times the maximum .5 times the maximum
amount applicable to lodging amount lodging amount
the locality. applicable to the applicable to the
locality. locality.
Payment for lodging, meals, and other The maximum per diem .75 times the maximum .5 times the maximum
per diem expenses. rate applicable to the per diem rate per diem rate
locality. applicable to the applicable to the
locality.. locality.
----------------------------------------------------------------------------------------------------------------
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Amdt. 2010-
06, 75 FR 67631, Nov. 3, 2010]
Sec. 301-31.11 May my agency pay me a per diem allowance instead of
actual expenses?
No.
Sec. 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.
[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998; 63 FR 35538, June 30, 1998]
Sec. 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.