Subchapter B—Allowable Travel Expenses

SUBCHAPTER B—ALLOWABLE TRAVEL EXPENSES

PART 301–10—TRANSPORTATION 301–10.116 What must I do with compensation an airline gives me if it denies me a EXPENSES seat on a plane? 301–10.117 May I keep compensation an air- Subpart A—General line gives me for voluntarily vacating my seat on my scheduled airline flight Sec. when the airline asks for volunteers? 301–10.1 Am I eligible for payment of transportation expenses? AIRLINE ACCOMMODATIONS 301–10.2 What expenses are payable as transportation? 301–10.121 What classes of airline accom- 301–10.3 What methods of transportation modations are available? may my agency authorize me to use? 301–10.122 What class of airline accommoda- 301–10.4 How does my agency select the tions must I use? method of transportation to be used? 301–10.123 When may I use other than coach- 301–10.5 What are the presumptions as to class airline accommodations? the most advantageous method of trans- 301–10.124 What are coach-class Seating Up- portation? grade Programs? 301–10.6 What is my liability if I do not 301–10.125 When may I use the 14-hour rule travel by the authorized method of trans- to travel other than coach-class (see portation? § 301–10.123(b)(6))? 301–10.7 How should I route my travel? 301–10.8 What is my liability if, for personal USE OF UNITED STATES FLAG AIR CARRIERS convenience I travel by an indirect route 301–10.131 What does United States mean? or interrupt travel by a direct route? 301–10.132 Who is required to use a U.S. flag air carrier? Subpart B—Common Carrier Transportation 301–10.133 What is a U.S. flag air carrier? 301–10.100 What types of common carrier 301–10.134 What is U.S. flag air carrier serv- transportation may I be authorized to ice? use? 301–10.135 When must I travel using U.S. 301–10.105 What are the basic requirements flag air carrier service? for using common carrier transpor- 301–10.136 What exceptions to the Fly Amer- tation? ica Act requirements apply when I travel between the United States and another USE OF CONTRACT CITY-PAIR FARES country? 301–10.137 What exceptions to the Fly Amer- 301–10.106 When must I use a contract city- ica Act requirements apply when I travel pair fare? solely outside the United States, and a 301–10.107 Are there any exceptions to the U.S. flag air carrier provides service be- use of a contract city-pair fare? tween my origin and destination? 301–10.108 What requirements must be met 301–10.138 In what circumstances is foreign to use a non-contract fare? air carrier service deemed a matter of 301–10.109 What is my liability for unau- necessity? thorized use of a non-contract carrier 301–10.139 May I travel by a foreign air car- when contract service is available and I rier if the cost of my ticket is less than do not meet one of the exceptions for re- traveling by a U.S. flag air carrier? quired use? 301–10.140 May I use a foreign air carrier if 301–10.110 May I use contract passenger the service is preferred by or more con- transportation service for personal trav- venient for my agency or me? el? 301–10.111 When may I use a reduced group 301–10.141 Must I provide any special certifi- or charter fare? cation or documents if I use a foreign air 301–10.112 What must I do when different carrier? airlines furnish the same service at dif- 301–10.142 What must the certification in- ferent fares? clude? 301–10.113 What must I do if I change or do 301–10.143 What is my liability if I improp- not use a common carrier reservation? erly use a foreign air carrier? 301–10.114 What must I do with unused Gov- TRAIN ernment Transportation Request(s) (GTR(s)), ticket(s) or refund applica- 301–10.160 What classes of train accommodation(s)? tions are available? 301–10.115 Am I authorized to receive a re- 301–10.161 What class of train accommoda- fund or credit for unused transportation? tions must I use?

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00037 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Pt. 301–10 41 CFR Ch. 301 (7–1–12 Edition)

301–10.162 When may I use other than coach- 301–10.303 What am I reimbursed when use class train accommodations? of POV is determined by my agency to be 301–10.163 What is an extra-fare train? advantageous to the Government? 301–10.164 When may I use extra-fare train 301–10.304 What expenses are allowable in service? addition to the POV mileage rate allowances? SHIP 301–10.305 How is reimbursement handled if 301–10.180 Must I travel by a U.S. flag ship? another person(s) travels in a POV with 301–10.181 What is my liability if I improp- me? erly use a foreign ship? 301–10.306 What will I be reimbursed if au- 301–10.182 What classes of ship accommoda- thorized to use a POV between my resi- tions are available? dence and office and then from my office 301–10.183 What class of ship accommoda- to a common carrier terminal, or from tions must I use? my residence directly to a common carrier terminal? TRANSIT SYSTEMS 301–10.307 What will I be reimbursed if I use a POV to transport other employees? 301–10.190 When may I use a transit system 301–10.308 What will I be reimbursed if I as a means of transportation in conjunc- park my POV at a common carrier ter- tion with official travel? minal while I am away from my official station? Subpart C—Government Vehicle 301–10.309 What will I be reimbursed if I am 301–10.200 What types of Government vehi- authorized to use common carrier trans- cles may my agency authorize me to use? portation and I use a POV instead? 301–10.201 For what purposes may I use a 301–10.310 What will I be reimbursed if I am Government vehicle other than a Gov- authorized to use a Government owned ernment aircraft? automobile and I use a privately owned 301–10.202 What is my liability for unau- automobile instead? thorized use of a Government vehicle? Subpart E—Special Conveyances GOVERNMENT AUTOMOBILES 301–10.400 What types of special convey- 301–10.220 What requirements must I meet ances may my agency authorize me to to operate a Government automobile for use? official travel? 301–10.401 What types of charges are reimbursable for use of a special conveyance? TRAVEL ON GOVERNMENT AIRCRAFT 301–10.402 What will I be reimbursed if I am 301–10.260 May I use a Government aircraft authorized to use a special conveyance for travel? and I use a POV instead? 301–10.261 When may I use a Government 301–10.403 What is the difference between a aircraft for travel? Government aircraft and an aircraft 301–10.262 How will my agency authorize hired as a special conveyance? travel on Government aircraft? 301–10.263 What travel authorization docu- TAXICABS, SHUTTLE SERVICES, OR OTHER ments must I present to the aircraft COURTESY TRANSPORTATION management office that operates the 301–10.420 When may I use a taxi, shuttle Government aircraft? service or other courtesy transportation? 301–10.264 What amount must the Govern- 301–10.421 How much will my agency reim- ment be reimbursed for travel on Govern- burse me for a tip to a taxi, shuttle serv- ment aircraft? ice, courtesy transportation driver, or 301–10.265 Will my travel on Government valet parking attendant? aircraft be reported? 301–10.266 Is information available to the RENTAL AUTOMOBILES public about travel on Government aircraft by senior Federal officials and non- 301–10.450 When and from whom may I rent Federal travelers? a vehicle for official travel when authorized? Subpart D—Privately Owned Vehicle (POV) 301–10.451 May I be reimbursed for the cost of collision damage waiver (CDW) or 301–10.300 When may I use a POV for official theft insurance? travel? 301–10.452 May I be reimbursed for personal 301–10.301 How do I compute my mileage re- accident insurance? imbursement? 301–10.453 What is my liability for unau- 301–10.302 How do I determine distance thorized use of a rental automobile ob- measurements for my travel? tained with Government funds?

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.100

AUTHORITY: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 § 301–10.5 What are the presumptions U.S.C. 40118; OMB Circular No. A–126, revised as to the most advantageous meth- May 22, 1992. od of transportation? SOURCE: FTR Amdt. 70, 63 FR 15955, Apr. 1, (a) Common carrier. Travel by com- 1998, unless otherwise noted. mon carrier is presumed to be the most advantageous method of transportation Subpart A—General and must be used when reasonably available. § 301–10.1 Am I eligible for payment of transportation expenses? (b) Government automobile. When your agency determines that your travel Yes, you are eligible for payment of must be performed by automobile, a transportation expenses when per- Government automobile is presumed to forming official travel, including au- be the most advantageous method of thorized transportation expenses incurred within the TDY location. transportation. [FTR Amdt. 2010–02, 75 FR 24435, May 5, 2010] § 301–10.6 What is my liability if I do not travel by the authorized meth- § 301–10.2 What expenses are payable od of transportation? as transportation? If you do not travel by the method of Fares, rental fees, mileage payments, transportation required by regulation and other expenses related to transpor- or authorized by your agency, any ad- tation. ditional expenses you incur which exceed the cost of the authorized method § 301–10.3 What methods of transportation may my agency authorize me of transportation will be borne by you. to use? [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as Your agency may authorize: amended by FTR Amdt. 2010–07, 75 FR 72967, (a) Common carrier transportation Nov. 29, 2010] (e.g., aircraft, train, bus, ship, or other transit system) under Subpart B; § 301–10.7 How should I route my trav- (b) Government vehicle under Sub- el? part C; You must travel to your destination (c) POV under Subpart D; or by the usually traveled route unless (d) Special conveyance (e.g., taxi or your agency authorizes or approves a commercial automobile) under Subpart different route as officially necessary. E. § 301–10.8 What is my liability if, for [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as personal convenience, I travel by amended by FTR Amdt. 2010–02, 75 FR 24435, an indirect route or interrupt trav- May 5, 2010] el by a direct route? § 301–10.4 How does my agency select Your reimbursement will be limited the method of transportation to be to the cost of travel by a direct route used? or on an uninterrupted basis. You will Your agency must select the method be responsible for any additional costs. most advantageous to the Government, when cost and other factors are consid- Subpart B—Common Carrier ered. Under 5 U.S.C. 5733, travel must Transportation be by the most expeditious means of transportation practicable and com- § 301–10.100 What types of common mensurate with the nature and purpose carrier transportation may I be au- of your duties. In addition, your agen- thorized to use? cy must consider energy conservation, You may be authorized to use airline, total cost to the Government (including costs of per diem, overtime, lost train, ship, bus, or other transit sys- worktime, and actual transportation tem. costs), total distance traveled, number [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as of points visited, and number of trav- amended by FTR Amdt. 2010–02, 75 FR 24435, elers. May 5, 2010]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.105 41 CFR Ch. 301 (7–1–12 Edition)

§ 301–10.105 What are the basic re- (a) Space on a scheduled contract quirements for using common car- flight is not available in time to ac- rier transportation? complish the purpose of your travel, or The basic requirements for using use of contract service would require common carrier transportation fall you to incur unnecessary overnight into three categories: lodging costs which would increase the (a) Using contract carriers, when total cost of the trip; available, and if your agency is a man- (b) The contractor’s flight schedule is datory user of GSA’s city-pair con- inconsistent with explicit policies of tracts for air passenger transportation your Federal department or agency services, unless you have an approved with regard to scheduling travel during exception (see §§ 301–10.106 through 301– normal working hours; 10.108 of this subpart); (c) A non-contract carrier offers a (b) Using coach-class service, unless lower fare to the general public that, if other than coach-class service is au- used, will result in a lower total trip thorized under § 301–10.123 or § 301– cost to the Government (the combined 10.162, and when travelling by ship, costs of transportation, lodging, meals, using lowest first-class accommoda- and related expenses considered); tions, unless other than lowest first- NOTE TO PARAGRAPH (c): This exception class accommodations are authorized does not apply if the contract carrier offers under § 301–10.183 of this subpart; and the same or lower fare and has seats avail- (c) You must always use U.S. Flag able at that fare, or if the fare offered by the Air Carrier (or ship) service for air pas- non-contract carrier is restricted to Govern- ment and military travelers performing offi- senger transportation or when travel- cial business and may be purchased only ling by ship, unless your travel cir- with a contractor-issued charge card, cen- cumstances meet one of the exceptions trally billed account (e.g., YDG, MDG, QDG, in §§ 301–10.135 through 301–10.138 or VDG, and similar fares) or GTR where the § 301–10.183 of this subpart. two previous options are not available; [FTR Amdt. 2010–05, 75 FR 63103, Oct. 14, 2010] (d) Cost effective rail service is available and is consistent with mission re- USE OF CONTRACT CITY-PAIR FARES quirements; or (e) Smoking is permitted on the con- § 301–10.106 When must I use a contract air carrier and the nonsmoking tract city-pair fare? section of the contract aircraft is not If you are a civilian employee of an acceptable to you. agency as defined in § 301–1.1 of this NOTE 1 TO § 301–10.107: Any group of 10 or chapter, you must always use a con- more passengers traveling together on the tract city-pair fare for scheduled air same day, on the same flight, for the same passenger transportation service unless mission, requiring group integrity and iden- one of the limited exceptions in § 301– tified as a group by the travel management 10.107 exist. An Internet listing of con- service upon booking is not a mandatory tract city-pair fares is available at user of the Government’s contract city-pair http://www.gsa.gov/citypairs. fares. For group travel, agencies are ex- pected to obtain air passenger transpor- NOTE TO § 301–10.106: Employees of the Gov- tation service that is practical and cost ef- ernment of the District of Columbia, with fective to the Government. the exception of the District of Columbia NOTE 2 TO § 301–10.107: Contractors are not Courts, are not eligible to use contract city- authorized to use contract city-pair fares to pair fares even though these employees oth- perform travel under their contracts. erwise may be covered by the FTR. NOTE 3 TO § 301–10.107: If the Government contract city-pair carrier offers a lower cost [FTR Amdt. 2006–04, 71 FR 49374, Aug. 23, capacity-controlled coach class contract fare 2006] (MCA, QCA, VCA, etc.) in addition to the un- restricted coach class contract fares (YCA), § 301–10.107 Are there any exceptions the traveler should use the lower cost capac- to the use of a contract city-pair ity-controlled fare when it is available and fare? meet mission needs. Yes, your agency may authorize use [FTR Amdt. 2006–04, 71 FR 49374, Aug. 23, of a fare other-than a contract city- 2006, as amended by FTR Amdt. 2007–05, 72 pair fare when— FR 61537, Oct. 31, 2007]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.115

§ 301–10.108 What requirements must § 301–10.112 What must I do when dif- be met to use a non-contract fare? ferent airlines furnish the same (a) Before purchasing a non-contract service at different fares? fare you must meet one of the excep- When there is no contract fare, and tion requirements listed in § 301–10.107 common carriers furnish the same and show approval on your travel au- service at different fares between the thorization to use a non-contract fare; same points for the same type of ac- and commodations, you must use the low- (b) If the non-contract fare is non-re- est cost service unless your agency de- fundable, restricted, or has specific eli- termines that the use of higher cost gibility requirements, you must know service is more advantageous to the or reasonably anticipate, based on your Government. planned trip, that you will use the ticket; and § 301–10.113 What must I do if I change or do not use a common carrier res- (c) Your agency must determine that ervation? the proposed non-contract transportation is practical and cost effective If you know you will change or not for the Government. use your reservation, you must take action to change or cancel it as pre- NOTE TO § 301–10.108: Carrier preference is scribed by your agency. Also, you must not a valid reason for using a non-contract report all changes of your reservation fare. according to your agency’s procedures [FTR Amdt. 2006–04, 71 FR 49374, Aug. 23, in an effort to prevent losses to the 2006] Government. Failure to do so may subject you to liability for any resulting § 301–10.109 What is my liability for losses. unauthorized use of a non-contract carrier when contract service is § 301–10.114 What must I do with unavailable and I do not meet one of used Government Transportation the exceptions for required use? Request(s) (GTR(s)), ticket(s) or re- Any additional costs or penalties in- fund application(s)? curred by you resulting from unauthor- You must submit any unused GTR(s), ized use of non-contract service are unused ticket coupons, unused e-tick- borne by you. ets, or refund applications to your agency in accordance with your agen- § 301–10.110 May I use contract passenger transportation service for cy’s procedures. personal travel? [FTR Amdt. 108, 67 FR 57964, Sept. 13, 2002] No. § 301–10.115 Am I authorized to re- § 301–10.111 When may I use a reduced ceive a refund or credit for unused group or charter fare? transportation? You may use a reduced group or No. You are not authorized to receive charter fare when your agency has de- a refund, credit, or any other nego- termined, on an individual case basis tiable document from a carrier for un- prior to your travel, that use of such a furnished services (except as provided fare is cost effective. Chartered air- in § 301–10.117) or any portion of an un- craft are subject to the same rules as used ticket issued in exchange for a Government aircraft, and agencies in GTR or billed to an agency’s centrally the executive branch of the Federal billed account. However, any charges Government are subject to the require- billed directly to your individually ments of Office of Management and billed Government charge card should Budget (OMB) Circular A–126 and 41 be credited to your account. CFR part 101–37 in making such cost ef- [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998; 63 fectiveness determinations. FR 35537, June 30, 1998] [FTR Amdt. 108, 67 FR 57964, Sept. 13, 2002]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.116 41 CFR Ch. 301 (7–1–12 Edition)

§ 301–10.116 What must I do with com- (2) Business-class. A class of accom- pensation an airline gives me if it modation offered by airlines that is denies me a seat on a plane? higher than coach and lower than first- If you are performing official travel class, in both cost and amenities. This and a carrier denies you a confirmed class of accommodation is generally re- reserved seat on a plane, you must give ferred to as ‘‘business, business elite, your agency any payment you receive business first, world business, con- for liquidated damages. You must en- noisseur, or envoy’’ depending on the sure the carrier shows the ‘‘Treasurer airline. of the United States’’ as payee on the NOTE TO § 301–10.121: If an airline flight has compensation check and then forward only two classes of accommodations avail- the payment to the appropriate agency able, i.e., two ‘‘cabins’’, with two distinctly official. different seating types (such as girth and pitch) and the front cabin is termed ‘‘busi- § 301–10.117 May I keep compensation ness-class’’ or higher by the airline and the an airline gives me for voluntarily tickets are fare-coded as business-class, then vacating my seat on my scheduled the front of the cabin is deemed to be other airline flight when the airline asks than coach-class. Alternatively, if an airline for volunteers? flight has only two cabins available but equips both with one type of seating, (i.e., Yes: seating girth and pitch are the same in both (a) If voluntarily vacating your seat cabins), and the seats in the front of the air- will not interfere with performing your plane are fare coded as full-fare economy official duties; and class, and only restricted economy fares are (b) If additional travel expenses, in- available in the back of the aircraft, then curred as a result of vacating your the entire aircraft is to be classified as coach-class seating. In this second situation, seat, are borne by you and are not re- qualifying for other than coach-class travel imbursed; but is not required to purchase a non-restricted (c) If volunteering delays your travel economy fare seat in the front of the aircraft during duty hours, your agency will as the entire aircraft is considered ‘‘coach- charge you with annual leave for the class.’’ additional hours. [FTR Amdt. 2009–06, 74 FR 55147, Oct. 27, 2009]

AIRLINE ACCOMMODATIONS § 301–10.122 What class of airline accommodations must I use? § 301–10.121 What classes of airline ac- For official business travel, both do- commodations are available? mestic and international, you must use Airlines are constantly updating coach-class accommodations, except as their offerings. However, for the pur- provided under §§ 301–10.123 and 301– poses of this regulation, the classes of 10.124. available air accommodations are iden- tified and defined as follows: § 301–10.123 When may I use other (a) Coach-class. The basic class of ac- than coach-class airline accom- commodation by airlines that is nor- modations? mally the lowest fare offered regardless Government travelers are required to of airline terminology used. For ref- exercise the same care in incurring ex- erence purposes only, coach-class may penses that a prudent person would ex- also be referred to by airlines as ercise if traveling on personal business ‘‘tourist class,’’ ‘‘economy class,’’ or as when making official travel arrange- ‘‘single class’’ when the airline offers ments, and therefore, should consider only one class of accommodations to the least expensive class of travel that all travelers. meets their needs. You may use the (b) Other than coach-class. Any class lowest other than coach-class airline of accommodations above coach-class, accommodations only when your agen- e.g., first-class or business-class. cy specifically authorizes/approves (1) First-class. The highest class of ac- such use as specified in paragraphs (a) commodation offered by the airlines in and (b) of this section. terms of cost and amenities. This is (a) Your agency may authorize/ap- generally termed ‘‘first-class’’ by air- prove first class accommodations if lines and reservation systems. any of the following apply:

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.123

(1) No coach-class accommodations (4) When required because of agency are reasonably available. ‘‘Reasonably mission, consistent with your agency’s available’’ means available on an air- internal procedures pursuant to § 301– line that is scheduled to leave within 24 70.102(i). hours of your proposed departure time, (b) Your agency may authorize/ap- or scheduled to arrive within 24 hours prove business-class accommodations if of your proposed arrival time; any of the following apply: (2) When use of other than coach- (1) When use of other than coach- class is necessary to accommodate a class is necessary to accommodate a medical disability or other special medical disability or other special need. need. (i) A disability must be certified an- (i) A disability must be certified annually in a written statement by a nually in a written statement by a competent medical authority. How- competent medical authority. How- ever, if the disability is a lifelong con- ever, if the disability is a lifelong condition, then a one-time certification dition, then a one-time certification statement is required. Certification statements must include at a min- statement is required. Certification imum: statements must include at a min- (A) A written statement by a com- imum: petent medical authority stating that (A) A written statement by a com- special accommodation is necessary; petent medical authority stating that (B) An approximate duration of the special accommodation is necessary; special accommodation; and (B) An approximate duration of the (C) A recommendation as to the suit- special accommodation; and able class of transportation accom- (C) A recommendation as to the suit- modations based on the disability. able class of transportation accom- (ii) A special need must be certified modations based on the disability. annually in writing according to your (ii) A special need must be certified agency’s procedures. However, if the annually in writing according to your special need is a lifelong condition, agency’s procedures. However, if the then a one-time certification state- special need is a lifelong condition, ment is required; then a one-time certification state- (iii) If you are authorized under § 301– ment is required; 13.3(a) of this Subchapter to have an (iii) If you are authorized under § 301– attendant accompany you, your agency 13.3(a) of this Subchapter to have an may also authorize the attendant to attendant accompany you, your agency use other than coach-class accommoda- may also authorize the attendant to tions if you require the attendant’s use other than coach-class accommoda- services en route; tions if you require the attendant’s (3) When exceptional security cir- services en route; cumstances require other than coach- (2) When exceptional security cir- class airline accommodations. Excep- cumstances require other than coach- tional security circumstances are de- class airline accommodations. Excep- termined by your agency and should only be authorized up to the minimum tional security circumstances are de- other than coach-class accommodation termined by your agency and should necessary. These circumstances in- only be authorized to the minimum clude, but are not limited to: other than coach-class accommodation (i) Use of coach-class accommoda- necessary to meet the agency’s mis- tions would endanger your life or Gov- sion. These circumstances include, but ernment property; are not limited to: (ii) You are an agent on protective (i) Use of coach-class accommoda- detail and you are accompanying an in- tions would endanger your life or Gov- dividual authorized to use other than ernment property; coach-class accommodations; or (ii) You are an agent on protective (iii) You are a courier or control offi- detail and you are accompanying an in- cer accompanying controlled pouches dividual authorized to use other than or packages; coach-class accommodations; or

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.124 41 CFR Ch. 301 (7–1–12 Edition)

(iii) You are a courier or control offi- perk. These coach upgrade options are cer accompanying controlled pouches not considered a new or higher class of or packages; accommodation since the seating is (3) Coach-class accommodations on still in the coach cabin. However, the an authorized/approved foreign air car- use of these upgraded/preferred coach rier do not provide adequate sanitation seating options is generally a traveler’s or health standards; personal choice and therefore is at the (4) Regularly scheduled flights be- traveler’s personal expense. An agency tween origin/destination points (includ- travel authorization approving official ing connecting points) provide only or his/her designee (e.g., supervisor of other than coach-class accommoda- the traveler) may authorize and reim- tions and you certify such on your burse the additional seat choice fee ac- voucher; cording to internal agency policy (see (5) Your transportation costs are paid 301–70.102(k)). in full through agency acceptance of payment from a non-Federal source in [FTR Amdt. 2009–06, 74 FR 55148, Oct. 27, 2009, accordance with Chapter 304 of this as amended by FTR Amdt. 2010–07, 75 FR 72967, Nov. 29, 2010] Title; (6) Where the origin and/or destina- § 301–10.125 When may I use the 14- tion are OCONUS, and the scheduled hour rule to travel other than flight time, including stopovers and coach-class (see § 301–10.123(b)(6))? change of planes, is in excess of 14 hours, in accordance with § 301–10.125; (a) You may use the 14-hour rule to (7) The use results in an overall cost travel via other than coach-class when: savings to the Government by avoiding (1) The origin and/or destination are additional subsistence costs, overtime, OCONUS; and or lost productive time while awaiting (2) The scheduled flight time, includ- coach-class accommodations; ing non-overnight stopovers and (8) No space is available in coach- change of planes, is in excess of 14 class accommodations in time to ac- hours; and complish the mission, which is urgent (3) You are required to report to duty and cannot be postponed; or the following day or sooner. (9) When required because of agency (b) Scheduled flight time is the flight mission, consistent with your agency’s time between the originating departure internal procedures pursuant to § 301– point and the ultimate arrival point in- 70.102(i). cluding scheduled non-overnight time spent at airports during plane changes. NOTE 1 TO § 301–10.123: You may upgrade to other than coach-class accommodations at Scheduled non-overnight time does not your personal expense, including through re- include time spent at the originating demption of frequent flyer benefits. or ultimate arrival airports. NOTE 2 TO § 301–10.123: Blanket authoriza- (c) If other than coach-class accom- tion of other than coach-class transportation modation is authorized based on the 14- accommodations is prohibited and shall be hour rule then you will not be eligible authorized on an individual trip-by-trip basis, unless the traveler has an up-to-date for a rest stop en route or a rest period documented disability or special need. upon arrival at your duty site, in accordance with internal agency proce- [FTR Amdt. 2009–06, 74 FR 55147, Oct. 27, 2009] dures pursuant to § 301–70.102(j). § 301–10.124 What are coach-class Seat- [FTR Amdt. 2009–06, 74 FR 55148, Oct. 27, 2009] ing Upgrade Programs? Sometimes these programs are called USE OF UNITED STATES FLAG AIR ‘‘Coach Elite,’’ ‘‘Coach Plus,’’ ‘‘Pre- CARRIERS ferred Coach’’ or some other identifier. Under these airline programs, a pas- SOURCE: FTR Amdt. 74, 63 FR 63419, Nov. senger may obtain for a fee a more de- 13, 1998, unless otherwise noted. sirable seat choice within the coach- class cabin. These airline upgrade or § 301–10.131 What does United States preferred seat choices are generally mean? available for an annual fee, at an air- For purposes of the use of United port kiosk or gate or as a frequent flier States flag air carriers, United States

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.136

means the 50 states, the District of Co- (1) Information on bilateral or multi- lumbia, and the territories and posses- lateral air transportation agreements sions of the United States (49 U.S.C. impacting United States Government 40102). procured transportation can be accessed at http://www.gsa.gov/openskies; § 301–10.132 Who is required to use a and U.S. flag air carrier? (2) If determined appropriate, GSA Anyone whose air travel is financed may periodically issue FTR Bulletins by U.S. Government funds, except as providing further guidance on bilateral provided in § 301–10.135, § 301–10.136, and or multilateral air transportation § 301–10.137. agreements impacting United States Government procured transportation. § 301–10.133 What is a U.S. flag air car- These bulletins may be accessed at rier? http://www.gsa.gov/bulletins. An air carrier which holds a certifi- (c) You are an officer or employee of cate under 49 U.S.C. 41102 but does not the Department of State, United States include a foreign air carrier operating Information Agency, United States under a permit. International Development Coopera- tion Agency, or the Arms Control Dis- § 301–10.134 What is U.S. flag air car- armament Agency, and your travel is rier service? paid with funds appropriated to one of U.S. flag air carrier service is service these agencies, and your travel is be- provided on an air carrier which holds tween two places outside the United a certificate under 49 U.S.C. 41102 and States; or which service is authorized either by (d) No U.S. flag air carrier provides the carrier’s certificate or by exemp- service on a particular leg of the route, tion or regulation. U.S. flag air carrier in which case foreign air carrier serv- service also includes service provided ice may be used, but only to or from under a code share agreement with a the nearest interchange point on a usu- foreign air carrier in accordance with ally traveled route to connect with Title 14, Code of Federal Regulations U.S. flag air carrier service; or when the ticket, or documentation for (e) A U.S. flag air carrier involun- an electronic ticket, identifies the U.S. tarily reroutes your travel on a foreign flag air carrier’s designator code and air carrier; or flight number. (f) Service on a foreign air carrier would be three hours or less, and use of § 301–10.135 When must I travel using the U.S. flag air carrier would at least U.S. flag air carrier service? double your en route travel time; or You are required by 49 U.S.C. 40118, (g) When the costs of transportation commonly referred to as the ‘‘Fly are reimbursed in full by a third party, America Act,’’ to use U.S. flag air car- such as a foreign government, inter- rier service for all air travel funded by national agency, or other organization. the U.S. Government, except as pro- [FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, as vided in § 301–10.136 and § 301–10.137 or amended by FTR Amdt. 2009–02, 74 FR 2397, when one of the following exceptions Jan. 15, 2009] applies: (a) Use of a foreign air carrier is de- § 301–10.136 What exceptions to the termined to be a matter of necessity in Fly America Act requirements accordance with § 301–10.138; or apply when I travel between the United States and another country? (b) The transportation is provided under a bilateral or multilateral air The exceptions are: transportation agreement to which the (a) If a U.S. flag air carrier offers United States Government and the nonstop or direct service (no aircraft government of a foreign country are change) from your origin to your des- parties, and which the Department of tination, you must use the U.S. flag air Transportation has determined meets carrier service unless such use would the requirements of the Fly America extend your travel time, including Act. delay at origin, by 24 hours or more.

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00045 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.137 41 CFR Ch. 301 (7–1–12 Edition)

(b) If a U.S. flag air carrier does not approval of the use of foreign air car- offer nonstop or direct service (no air- rier service based on an unreasonable craft change) between your origin and risk to your safety must be approved your destination, you must use a U.S. by your agency on a case by case basis. flag air carrier on every portion of the An agency determination and approval route where it provides service unless, of use of a foreign air carrier based on when compared to using a foreign air a threat against a U.S. flag air carrier carrier, such use would: must be supported by a travel advisory (1) Increase the number of aircraft notice issued by the Federal Aviation changes you must make outside of the Administration and the Department of U.S. by 2 or more; or State. An agency determination and (2) Extend your travel time by at approval of use of a foreign air carrier least 6 hours or more; or based on a threat against Government (3) Require a connecting time of 4 employees or other travelers must be hours or more at an overseas inter- supported by evidence of the threat(s) change point. that form the basis of the determina- § 301–10.137 What exceptions to the tion and approval; or Fly America Act requirements (3) When you cannot purchase a tick- apply when I travel solely outside et in your authorized class of service the United States, and a U.S. flag on a U.S. flag air carrier, and a seat is air carrier provides service be- available in your authorized class of tween my origin and my destination? service on a foreign air carrier. You must always use a U.S. flag car- [FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, as rier for such travel, unless, when com- amended by FTR Amdt. 2007–05, 72 FR 61537, pared to using a foreign air carrier, Oct. 31, 2007] such use would: (a) Increase the number of aircraft § 301–10.139 May I travel by a foreign changes you must make en route by 2 air carrier if the cost of my ticket is or more; or less than traveling by a U.S. flag air carrier? (b) Extend your travel time by 6 hours or more; or No. Foreign air carrier service may (c) Require a connecting time of 4 not be used solely based on the cost of hours or more at an overseas inter- your ticket. change point. § 301–10.140 May I use a foreign air § 301–10.138 In what circumstances is carrier if the service is preferred by foreign air carrier service deemed a or more convenient for my agency matter of necessity? or me? (a) Foreign air carrier service is No. You must use U.S. flag air car- deemed a necessity when service by a rier service, unless you meet one of the U.S. flag air carrier is available, but exceptions in § 301–10.135, § 301–10.136, or (1) Cannot provide the air transpor- § 301–10.137 or unless foreign air carrier tation needed; or service is deemed a matter of necessity (2) Will not accomplish the agency’s under § 301–10.138. mission. (b) Necessity includes, but is not lim- § 301–10.141 Must I provide any special ited to, the following circumstances: certification or documents if I use a (1) When the agency determines that foreign air carrier? use of a foreign air carrier is necessary Yes, you must provide a certifi- for medical reasons, including use of cation, as required in § 301–10.142 and foreign air carrier service to reduce the any other documents required by your number of connections and possible delays in the transportation of persons agency. Your agency cannot pay your in need of medical treatment; or foreign air carrier fare if you do not (2) When use of a foreign air carrier is provide the required certification. required to avoid an unreasonable risk [FTR Amdt. 74, 63 FR 63419, Nov. 13, 1998, as to your safety and is approved by your amended by FTR Amdt. 108, 67 FR 57964, agency (e.g., terrorist threats). Written Sept. 13, 2002]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.162

§ 301–10.142 What must the certifi- includes reserved coach accommoda- cation include? tions as well as slumber coach accom- The certification must include: modations when overnight train travel (a) Your name; is involved. (b) The dates that you traveled; (b) Slumber coach—Includes slumber (c) The origin and the destination of coach accommodations on trains offer- your travel; ing such accommodations, or the low- (d) A detailed itinerary of your trav- est level of sleeping accommodations el, name of the air carrier and flight available on a train that does not offer number for each leg of the trip; and slumber coach accommodations. (e) A statement explaining why you (c) Other than coach-class - Any class met one of the exceptions in § 301– of accommodations above coach, e.g., 10.135, § 301–10.136, or § 301–10.137 or a first-class or business-class. copy of your agency’s written approval (1) First-class—Includes bedrooms, that foreign air carrier service was roomettes, club service, parlor car ac- deemed a matter of necessity in accommodations or other premium accordance with § 301–10.138. commodations. (2) Business-class—A class of extra § 301–10.143 What is my liability if I fare train service that is offered above improperly use a foreign air car- coach class, but is lower than first- rier? class, as described above. You will not be reimbursed for any transportation cost for which you im- NOTE TO § 301–10.160: If a train only has two classes of accommodations available, i.e., properly use foreign air carrier service. first and business class, then the business If you are authorized by your agency to class is deemed to be classified as coach- use U.S. flag air carrier service for class for purposes of official travel, as it is your entire trip, and you improperly the lowest class offered. use a foreign air carrier for any part of [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as or the entire trip (i.e., when not per- amended by FTR Amdt. 108, 67 FR 57965, mitted under this regulation), your Sept. 13, 2002; FTR Amdt. 2009–06, 74 FR 55148, transportation cost on the foreign air Oct. 27, 2009] carrier will not be payable by your agency. If your agency authorizes you § 301–10.161 What class of train accom- to use U.S. flag air carrier service for modations must I use? part of your trip and foreign air carrier You must use coach-class accom- service for another part of your trip, modations for all train travel, except and you improperly use a foreign air when your agency authorizes other carrier (i.e., when neither authorized to than coach-class service. do so nor otherwise permitted under this regulation), your agency will pay [FTR Amdt. 2009–06, 74 FR 55148, Oct. 27, 2009] the transportation cost on the foreign § 301–10.162 When may I use other air carrier for only the portion(s) of the than coach-class train accommoda- trip for which you were authorized to tions? use foreign air carrier service. The agency must establish internal proce- You may use other than coach-class dures for denying reimbursement to train accommodations only when your travelers when use of a foreign air car- agency specifically authorizes/approves rier was neither authorized nor other- this use under paragraphs (a) through wise permitted under this regulation. (e) of this section. (a) No coach-class accommodations TRAIN are reasonably available on a train that is scheduled to leave within 24 § 301–10.160 What classes of train ac- hours of your proposed departure time, commodations are available? or scheduled to arrive within 24 hours (a) Coach-class—The basic class of ac- of your proposed arrival time; commodations offered by a rail carrier (b) When use of other than coach- to passengers that includes a level of class accommendations is necessary to service available to all passengers re- accommodate a medical disability or gardless of the fare paid. Coach-class other special need.

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.163 41 CFR Ch. 301 (7–1–12 Edition)

(1) A disability must be certified an- § 301–10.163 What is an extra-fare nually in a written statement by a train? competent medical authority. How- A train that operates at an increased ever, if the disability is a lifelong con- fare due to the extra performance of dition, then a one-time certification the train (i.e., faster speed or fewer statement is required. Certification stops). statements must include at a minimum: § 301–10.164 When may I use extra-fare (i) A written statement by a com- train service? petent medical authority stating that You may use extra-fare train service special accommodation is necessary; whenever your agency determines it is (ii) An approximate duration of the more advantageous to the Government special accommodation; and or is required for security reasons. (iii) A recommendation as to the Extra-fare train service is considered suitable class of transportation accom- to be a class above the lowest class of- modations based on the disability. fered on any particular train and must (2) A special need must be certified be authorized/approved as provided in annually in writing according to your § 301–10.162. agency’s procedures. However, if the special need is a lifelong condition, [FTR Amdt. 2009–06, 74 FR 55149, Oct. 27, 2009] then a one-time certification state- SHIP ment is required; (3) If you are authorized under § 301– § 301–10.180 Must I travel by a U.S. 13.3(a) of this Subchapter to have an flag ship? attendant accompany you, your agency Yes, when a U.S. flag ship is avail- may also authorize the attendant to able unless the necessity of the mission use other than coach-class accommoda- requires the use of a foreign ship. (See tions if you require the attendant’s 46 U.S.C. App. Sec. 1241.) services en route; (c) When exceptional security cir- § 301–10.181 What is my liability if I cumstances require other than coach- improperly use a foreign ship? class rail accommodations. Excep- You are required to travel by U.S. tional security circumstances are de- flag ship for the entire trip, unless use termined by your agency and should of a foreign ship has been authorized by only be authorized to the minimum your agency. Any cost that is attrib- other than coach-class accommodation uted to improper or unauthorized use necessary to meet the agency’s mis- of a foreign ship is your responsibility. sion. These circumstances include, but are not limited to: [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998; 63 FR 35537, June 30, 1998] (1) Use of coach-class accommodations would endanger your life or Gov- § 301–10.182 What classes of ship ac- ernment property; commodations are available? (2) You are an agent on protective de- Accommodations on ships vary ac- tail and you are accompanying an indi- cording to deck levels. vidual authorized to use other than (a) Other than lowest first-class—All coach-class accommodations; or classes above the lowest first-class, in- (3) You are a courier or control offi- cludes but is not limited to a suite. cer accompanying controlled pouches (b) Lowest first-class—The least expen- or packages; sive class of reserved accommodations (d) Coach-class accommodations on available on a ship. an authorized/approved foreign rail carrier do not provide adequate sanitation [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as or health standards; or amended by FTR Amdt. 2009–06, 74 FR 55149, Oct. 27, 2009] (e) When required because of agency mission, consistent with your agency’s § 301–10.183 What class of ship accom- internal procedures pursuant to § 301– modations must I use? 70.102(i). You must use the lowest first-class [FTR Amdt. 2009–06, 74 FR 55148, Oct. 27, 2009] accommodations when traveling by

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00048 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.190

ship, except when your agency specifi- (3) You are a courier or control offi- cally authorizes/approves your use of cer accompanying controlled pouches other than lowest first-class ship ac- or packages. commodations under paragraphs (a) (d) When required because of agency through (d) of this section. mission, consistent with your agency’s (a) Lowest first class accommoda- internal procedures pursuant to § 301– tions are not available on the ship. 70.102(i). (b) When use of other than lowest [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as first-class accommodations is nec- amended by FTR Amdt. 2009–06, 74 FR 55149, essary to accommodate a medical dis- Oct. 27, 2009] ability or other special need. (1) A disability must be certified an- TRANSIT SYSTEMS nually in a written statement by a competent medical authority. How- § 301–10.190 When may I use a transit ever, if the disability is a lifelong con- system as a means of transportation dition, then a one-time certification in conjunction with official travel? statement is required. Certification You may use a transit system as a statements must include at a min- means of transportation in conjunction imum: with official travel when such trans- (i) A written statement by a com- portation is authorized and approved petent medical authority stating that by your agency in the following man- special accommodation is necessary; ner: (ii) An approximate duration of the (a) At your official station. (1) From special accommodation; and your residence or other authorized (iii) A recommendation as to the point of departure, e.g., rail to airport; suitable class of transportation accom- (2) To your residence or other author- modations based on the disability. ized point of return, e.g., airport to (2) A special need must be certified rail; annually in writing according to your (3) From your residence to your of- agency’s procedures. However, if the fice on the day you depart the official special need is a lifelong condition, station on official TDY that requires at then a one-time certification state- least one night’s lodging; or ment is required; (4) From your office to your resi- (3) If you are authorized under § 301– dence on the day you return to the offi- 13.3(a) of this Subchapter to have an cial station from an official TDY as- attendant accompany you, your agency signment that required at least one may also authorize the attendant to night’s lodging. use other than lowest first-class class (b) At your TDY location. (1) From the accommodations if you require the at- TDY transit system station(s) to your tendant’s services en route; place of lodging or place of official (c) When exceptional security cir- business and return; cumstances require other than lowest (2) To, from, and between your places first-class travel. Exceptional security circumstances are determined by your of lodging and official business; agency and should only be authorized (3) Between places of official busi- to the minimum other than lowest ness; or first-class travel accommodation nec- (4) To obtain meals at the nearest essary to meet the agency’s mission. available place when the nature and lo- These circumstances include, but are cation of the official business or the not limited to: lodging at a TDY location are such (1) The use of lowest first-class ac- that meals cannot be obtained there. commodations would endanger your You must attach a statement or in- life or Government property; or clude electronic remarks with your (2) You are an agent on protective de- travel voucher explaining why such tail and you are accompanying an indi- transportation was necessary. vidual authorized to use other than [FTR Amdt. 2010–02, 75 FR 24435, May 5, 2010] lowest first-class accommodations; or

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00049 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.200 41 CFR Ch. 301 (7–1–12 Edition)

Subpart C—Government Vehicle thorizing the use of a Government-furnished automobile. § 301–10.200 What types of Government vehicles may my agency authorize TRAVEL ON GOVERNMENT AIRCRAFT me to use? You may be authorized to use: § 301–10.260 May I use a Government aircraft for travel? (a) A Government automobile in accordance with § 301–10.220; You may use Government aircraft for (b) A Government aircraft in accord- travel only if you have authorization ance with §§ 301–10.260 through 301– from an executive agency under the 10.262 of this part; and rules specified in this part (except with (c) Other type of Government vehicle regard to travel under § 301–70.808 and in accordance with any Government- § 301–70.910). Because the taxpayers issued rules governing its use. should pay no more than necessary for your transportation, generally you [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998; 63 may travel on Government aircraft FR 35537, June 30, 1998] only when a Government aircraft is the § 301–10.201 For what purposes may I most cost-effective mode of travel. use a Government vehicle other [FTR Amdt. 2004–02, 69 FR 34304, June 21, than a Government aircraft? 2004] Only for official purposes which include transportation: § 301–10.261 When may I use a Govern- (a) Between places of official busi- ment aircraft for travel? ness; You may use Government aircraft— (b) Between such places and places of (a) For official travel only when— temporary lodging when public trans- (1) No scheduled commercial airline portation is unavailable or its use is service is reasonably available (i.e., impractical; able to meet your departure and/or ar- (c) Between either paragraph (a) or rival requirements within a 24–hour pe- (b) of this section and restaurants, riod, unless you demonstrate that ex- drug stores, barber shops, places of traordinary circumstances require a worship, cleaning establishments, and shorter period) to fulfill your agency’s similar places necessary for the suste- travel requirement; or nance, comfort, or health of the em- (2) The cost of using a Government ployee to foster the continued efficient aircraft is less than the cost of the performance of Government business; city-pair fare for scheduled commercial or airline service or the cost of the lowest (d) As otherwise authorized by your available full coach fare if a city-pair agency under 31 U.S.C. 1344. fare is not available to you. The cost of § 301–10.202 What is my liability for non-productive or lost work time while unauthorized use of a Government in travel status and certain other costs vehicle? should be considered when comparing You are responsible for any addi- the cost of using a Government aircraft tional cost resulting from unauthorized in lieu of scheduled commercial airline use of a Government vehicle and you service. Additional information on may be subject to administrative and/ costs included in this cost comparison or criminal liability for misuse of Gov- may be found in the ‘‘U.S. Government ernment property. Aircraft Cost Accounting Guide,’’ available from the General Services GOVERNMENT AUTOMOBILES Administration, Office of Government- wide Policy, MTA, 1800 F Street, N.W., § 301–10.220 What requirements must I Washington, DC 20405. meet to operate a Government auto- (b) For required-use travel only when mobile for official travel? you are required to use Government You must possess a valid State, Dis- aircraft for bona fide communications trict of Columbia, or territorial motor (e.g., 24–hour secure communications) vehicle operator’s license and have a or security reasons (e.g., highly un- travel authorization specifically au- usual circumstances that present a

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.262

clear and present danger) or excep- NOTE TO § 301–10.262(a): In an emergency tional scheduling requirements (e.g., a situation, prior verbal approval for required- national emergency or other compel- use travel with an after-the-fact written au- ling operational considerations). Re- thorization is permitted. quired use travel may include travel (b) Senior Federal officials. If you are a for official, personal, or political pur- senior Federal official, your agency’s poses, but must be approved in accord- senior legal official or his/her principal ance with §§ 301–10.262(a) and 301– deputy must authorize all your travel 70.803(a). on Government aircraft in advance and (c) For space available travel only in writing, except for required use trav- when— el authorized under paragraphs (a)(1) (1) The aircraft is already scheduled and (a)(2) of this section. In an emer- for use for an official purpose, and your gency situation, prior verbal approval use of the aircraft does not require a with an after-the-fact written author- larger aircraft or result in more than ization by your agency’s senior legal minor additional cost to the Govern- official is permitted. Senior Federal of- ment; or ficials who are crewmembers or quali- (2) You are a Federal traveler or a de- fied non-crewmembers on a flight in pendent of a Federal traveler stationed which they are also traveling (i.e., by the Government in a remote loca- being transported from point to point) tion not accessible to commercial air- are considered travelers and must be line service and authorized to use Gov- authorized to travel on Government ernment aircraft; or aircraft according to this paragraph. (3) You are authorized to travel on a (c) Non-Federal travelers. If you are a space available basis under 10 U.S.C. non-Federal traveler, the senior legal 2648 and regulations implementing that official or his/her principal deputy in statute. the agency sponsoring your travel [FTR Amdt. 2004–02, 69 FR 34304, June 21, must authorize you to fly on Govern- 2004, as amended by FTR Amdt. 2010–04, 75 ment aircraft in advance and in writ- FR 59095, Sept. 27, 2010] ing. In an emergency situation, prior verbal approval with an after-the-fact § 301–10.262 How will my agency au- written authorization by your spon- thorize travel on Government air- soring agency’s senior legal official is craft? permitted. Your agency will authorize your (d) All other Federal travelers. Your travel on Government aircraft as fol- designated travel-approving official (or lows: anyone to whom he/she delegates this (a) Required use travelers. Your agen- authority), who must be at least one cy’s senior legal official or his/her prin- organizational level above you, must cipal deputy must authorize your re- authorize your travel on Government quired-use travel on a trip-by-trip aircraft, in advance and in writing. basis, in advance, in writing, and in Prior verbal approval with an after- compliance with the agency’s written the-fact written authorization by your policies describing the special cir- agency’s designated travel approving cumstances under which the agency official is permitted in an emergency will require a traveler to use Govern- situation. If you hold a blanket travel ment aircraft, unless— authorization for official travel that (1) You are an agency head and the authorizes travel on Government air- President has determined that all your craft, it must define the circumstances travel (or your travel in specified cat- that must be met for using Govern- egories) qualifies as required-use trav- ment aircraft and must comply with el; or this regulation and any additional (2) You are not an agency head, and agency policies. Travel on Government your agency head has determined in aircraft that does not meet the cir- writing that all of your travel, or your cumstances specified in the blanket travel in specified categories, qualifies travel authorization must be author- as required-use travel. Such written ex- ized on a trip-by-trip basis in accord- planation must state the specific basis ance with this regulation and other ap- for the determination. plicable agency policies. Check with

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.263 41 CFR Ch. 301 (7–1–12 Edition)

your designated travel approving offi- flights that you would have taken had cial for information on your agency’s you not engaged in political activities, policy. except if other law or regulation speci- [FTR Amdt. 2004–02, 69 FR 34304, June 21, fies a different amount (see, e.g., 11 2004] CFR 106.3, ‘‘Allocation of Expenses between Campaign and Non-campaign Re- § 301–10.263 What travel authorization lated Travel’’), in which case the documents must I present to the amount reimbursed is the amount re- aircraft management office that operates the Government aircraft? quired by such law or regulation. You must present to the aircraft NOTE TO § 301–10.264: Except for required use management office that operates the travel, any use of Government aircraft for Government aircraft— personal or political activities shall not (a) A copy of your written travel au- cause an increase in the actual costs to the thorization, including a blanket travel Government of operating the aircraft. authorization, if applicable, approved [FTR Amdt. 2004–02, 69 FR 34304, June 21, in accordance with § 301–10.262; and 2004, as amended by FTR Amdt. 2010–04, 75 (b) Valid picture identification, such FR 59095, Sept. 27, 2010] as a Government identification card or a state-issued driver’s license. § 301–10.265 Will my travel on Govern- ment aircraft be reported? [FTR Amdt. 2004–02, 69 FR 34304, June 21, 2004] Your travel on Government aircraft will not be reported unless you are a § 301–10.264 What amount must the senior Federal official, or a non-Fed- Government be reimbursed for eral traveler. (Travel under 10 U.S.C. travel on Government aircraft? 2648 is not reported.) If you are a senior (a) No reimbursement is required for Federal official or a non-Federal trav- official travel on a Government air- eler, any use you make of Government craft. aircraft, i.e., as a passenger, crew- (b) For personal travel on Govern- member, or qualified non-crewmember, ment aircraft, reimbursement depends will be reported to the General Serv- upon which of the following special ices Administration (GSA) by the agen- cases applies: (1) For any required use travel, you cy that owns or hires the Government must reimburse the Government for aircraft. (Agencies must maintain in- the excess of the full coach fare for all formation on classified trips, but do flights taken over the full coach fare not report classified trips to GSA.) for the flights that you would have [FTR Amdt. 2004–02, 69 FR 34304, June 21, taken had you not engaged in personal 2004, as amended by FTR Amdt. 2010–04, 75 activities during the trip, i.e., for a FR 59095, Sept. 27, 2010] wholly personal trip, you must pay the full coach fare for the entire trip; § 301–10.266 Is information available to (2) For travel authorized under 10 the public about travel on Govern- U.S.C. 2648 and regulations imple- ment aircraft by senior Federal offi- menting that statute, or when you or cials and non-Federal travelers? your dependents are stationed by the Yes, an agency that authorizes travel Government in a remote location with on Government aircraft and an agency no access to regularly scheduled com- that owns or hires Government aircraft mercial airline service and are author- must make records about travelers on ized to use Government aircraft, you those aircraft available to the public in do not have to reimburse the Govern- response to written requests under the ment. Freedom of Information Act (5 U.S.C. (c) For political travel on a Govern- 552), except for portions exempt from ment aircraft (i.e., for any trip or part of a trip during which you engage in disclosure under that Act (such as clas- political activities), the Government sified information). must be reimbursed the excess of the [FTR Amdt. 2004–02, 69 FR 34304, June 21, full coach fare for all flights taken on 2004] the trip over the full coach fare for the

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.306

Subpart D—Privately Owned § 301–10.301 How do I compute my Vehicle (POV) mileage reimbursement? You compute mileage reimbursement § 301–10.300 When may I use a POV for by multiplying the distance traveled, official travel? determined under § 301–10.302 of this When authorized by your agency. 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]

§ 301–10.302 How do I determine distance measurements for my travel?

If you travel by The distance between your origin and destination is

Privately owned automobile or privately As shown in paper or electronic standard highway mileage guides, or the actual owned motorcycle. 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, 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]

§ 301–10.303 What am I reimbursed and are also displayed on GSA’s Web when use of POV is determined by site (http://www.gsa.gov/mileage). my agency to be advantageous to [FTR Amdt. 2010–07, 75 FR 72967, Nov. 29, the Government? 2010] You will be reimbursed an applicable mileage rate based on the type of POV § 301–10.304 What expenses are allow- you actually use (privately owned air- able in addition to the POV mileage rate allowances? plane, privately owned automobile, privately owned motorcycle). These rates Following is a chart listing the reim- will be published in an FTR bulletin bursable and non-reimbursable expenses:

Reimbursable expenses in addition to mileage allowance Non-reimbursable expenses included in the mileage allowance

Parking fees; ferry fees; bridge, road, and tunnel fees; and air- Charges for repairs, depreciation, replacements, grease, oil, craft or airplane parking, landing, and tie-down fees. antifreeze, towage and similar speculative expenses, gasoline, 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]

§ 301–10.305 How is reimbursement § 301–10.306 What will I be reimbursed handled if another person(s) travels if authorized to use a POV between in a POV with me? my residence and office and then If another employee(s) travels with from my office to a common carrier terminal, or from my residence di- you on the same trip in the same POV, rectly to a common carrier ter- mileage is payable to only one of you. minal? No deduction will be made from your mileage allowance if other passengers If determined advantageous to the contribute to defraying your expenses. Government, you will be reimbursed on

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00053 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.307 41 CFR Ch. 301 (7–1–12 Edition)

a mileage basis plus other allowable you may be reimbursed other allowable costs for round-trip travel on the be- expenses as provided in § 301–10.304. ginning and/or ending of travel between [FTR Amdt. 2010–07, 75 FR 72967, Nov. 29, the points involved. 2010] [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as amended by FTR. Amdt. 2005–05, 70 FR 61047, Subpart E—Special Conveyances Oct. 20, 2005] § 301–10.400 What types of special con- § 301–10.307 What will I be reimbursed veyances may my agency authorize if I use a POV to transport other me to use? employees? Your agency may authorize/approve Using a POV to transport other em- use of: ployees is strictly voluntary and you (a) Taxicabs as specified in §§ 301– may be reimbursed in accordance with § 301–10.305. 10.420 through 301–10.421 of this chapter; (b) Commercial rental automobiles as § 301–10.308 What will I be reimbursed specified in §§ 301–10.450 through 301– if I park my POV at a common car- 10.453 of this chapter; or rier terminal while I am away from (c) Any other special conveyance my official station? when determined to be advantageous to Your agency may reimburse your the Government. parking fee as an allowable transportation expense not to exceed the cost of § 301–10.401 What types of charges are taxi fare to/from the terminal. reimbursable for use of a special conveyance? § 301–10.309 What will I be reimbursed Actual expenses that your agency de- if I am authorized to use common termines are necessary, including, but carrier transportation and I use a not limited to: POV instead? (a) Gasoline and oil; You will be reimbursed on a mileage (b) Rental of a garage, hangar, or basis, plus per diem, not to exceed the boathouse; total constructive cost of the author- (c) Feeding and stabling of horses; ized method of common carrier trans- (d) Per diem of operator; and portation plus per diem. Your agency must determine the constructive cost (e) Ferriage, tolls, etc. of transportation and per diem by com- § 301–10.402 What will I be reimbursed mon carrier under the rules in § 301– if I am authorized to use a special 10.310. conveyance and I use a POV in- [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as stead? amended by FTR Amdt. 2010–07, 75 FR 72967, You will be reimbursed the mileage Nov. 29, 2010] cost for the use of your POV, and additional expenses such as parking fees, § 301–10.310 What will I be reimbursed if I am authorized to use a Govern- bridge, road and tunnel fees, not to ex- ment owned automobile and I use a ceed the constructive cost of the spe- privately owned automobile in- cial conveyance. stead? You will be reimbursed based on a § 301–10.403 What is the difference between a Government aircraft and constructive mileage rate limited to an aircraft hired as a special con- the cost that would be incurred for use veyance? of a Government automobile. This rate will be published in an FTR bulletin A Government aircraft is any air- available at http://www.gsa.gov/ftr. If craft owned, leased, chartered, or your agency determines the cost of rented and operated by the Govern- providing a GOA would be higher be- ment. An aircraft hired as a special cause of unusual circumstances, it may conveyance is an aircraft that you, in allow reimbursement not to exceed the your private capacity, rent, lease, or mileage rate for a POA. In addition, charter and operate.

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–10.451

TAXICABS, SHUTTLE SERVICES, OR OTHER bursement for the use of taxicabs under COURTESY TRANSPORTATION this paragraph when— (1) Suitable Government or common § 301–10.420 When may I use a taxi, carrier transportation service, includ- shuttle service or other courtesy ing shuttle service, is available for all transportation? or part of the distance involved; or (a) When authorized and approved by (2) Courtesy transportation service is your agency, your transportation ex- provided by hotels/motels between the penses in the performance of official place of lodging at the TDY station and travel are reimbursable for the usual the common carrier terminal. fare plus tip for use of a taxi, shuttle service or other courtesy transpor- [FTR Amdt. 2010–02, 75 FR 24435, May 5, 2010] tation (if charges result), in the fol- § 301–10.421 How much will my agency lowing manner: reimburse me for a tip to a taxi, (1) At your official station. (i) From shuttle service, courtesy transpor- your residence or other authorized tation driver, or valet parking at- point of departure, e.g., residence to tendant? airport; An amount which your agency deter- (ii) To your residence or other au- mines to be reasonable. thorized point of return, e.g., airport to residence; RENTAL AUTOMOBILES (iii) From your residence to your office on the day you depart the official § 301–10.450 When and from whom station on official TDY that requires at may I rent a vehicle for official least one night’s lodging; or travel when authorized? (iv) From your office to your resi- (a) Your agency must determine that dence on the day you return to the offi- use of a rental vehicle is advantageous cial station from an official TDY as- to the Government and must specifi- signment that required at least one cally authorize such use. night’s lodging. (b) When authorized to use a rental (2) At your TDY location. (i) From the vehicle, you should consider renting a TDY transit system station to your vehicle from a vendor that participates place of lodging or place of official in the Defense Travel Management Of- business and return; fice (DTMO) U.S. Government Car (ii) To, from, and between your Rental Agreement to avail yourself of places of lodging and official business; the Agreement’s benefits, including the (iii) Between places of official busi- insurance and damage liability provi- ness; or sions, unless you are OCONUS and no (iv) To obtain meals at the nearest agreement is in place for your TDY lo- available place when the nature and location. The advantages of renting a car cation of the official business or the through the DTMO rental car program lodging at a TDY location are such are: that meals cannot be obtained there. (1) Rental car agreements are pre-ne- You must attach a statement or in- gotiated; clude electronic remarks with your (2) The agreement includes auto- travel voucher explaining why such matic unlimited mileage and collision transportation was necessary. damage insurance; and (b) Courtesy transportation. You (3) The rates established by the car should use courtesy transportation rental agreement cannot be exceeded service furnished by hotels/motels to by the vendor. the maximum extent possible as a first [FTR Amdt. 70, 63 FR 15955, Apr. 1, 1998, as source of transportation between a amended by FTR Amdt. 2010–05, 75 FR 63103, place of lodging at the TDY station and Oct. 14, 2010] a common carrier terminal. You will be reimbursed for tips when you use § 301–10.451 May I be reimbursed for courtesy transportation service. the cost of collision damage waiver (c) Restrictions. When appropriate, (CDW) or theft insurance? your agency will restrict or place a (a) General rule—no. You will not be monetary limit on the amount of reim- reimbursed for CDW or theft insurance

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00055 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–10.452 41 CFR Ch. 301 (7–1–12 Edition)

for travel within CONUS for the fol- 301–11.9 When does per diem or actual ex- lowing reasons: pense entitlement start/stop? (1) The Government is a self-insurer. 301–11.10 Am I required to record departure/ (2) Rental vehicles available under arrival dates and times on my travel claim? agreement(s) with the Government in- 301–11.11 How do I select lodging and make cludes full coverage insurance for dam- lodging reservations? ages resulting from an accident while 301–11.12 How does the type of lodging I se- performing official travel. lect affect my reimbursement? (3) Any deductible amount paid by 301–11.13 How does sharing a room with an- you may be reimbursed directly to you other person affect my per diem reim- or directly to the rental agency if the bursement? 301–11.14 How is my daily lodging rate com- damage occurred while you were per- puted when I rent lodging on a long-term forming official business. basis? (b) Exception. You will be reimbursed 301–11.15 What expenses may be considered for collision damage waiver or theft in- part of the daily lodging cost when I rent surance when you travel outside on a long-term basis? CONUS and such insurance is nec- 301–11.16 What reimbursement will I receive essary because the rental or leasing if I prepay my lodging expenses and my TDY is curtailed, canceled, or inter- agency requirements, foreign statute, rupted for official purposes or for other or legal procedures could cause ex- reasons beyond my control that are ac- treme difficulty for an employee in- ceptable to my agency? volved in an accident. 301–11.17 If my agency authorizes per diem reimbursement, will it reduce my M&IE § 301–10.452 May I be reimbursed for allowance for a meal(s) provided by a personal accident insurance? common carrier or for a complimentary No. That is a personal expense and is meal(s) provided by a hotel/motel? 301–11.18 What M&IE rate will I receive if a not reimbursable. meal(s) is furnished by the Government or is included in the registration fee? § 301–10.453 What is my liability for 301–11.19 How is my per diem calculated unauthorized use of a rental auto- when I travel across the international mobile obtained with Government dateline (IDL)? funds? 301–11.20 May my agency authorize a rest You are responsible for any addi- period for me while I am traveling? tional cost resulting from the unau- 301–11.21 Will I be reimbursed for per diem thorized use of a commercial rental or actual expenses on leave or non-work- automobile for other than official trav- days (weekend, legal Federal Govern- ment holiday, or other scheduled non- el-related purposes. workdays) while I am on official travel? 301–11.22 Am I entitled to per diem or actual PART 301–11—PER DIEM EXPENSES expense reimbursement if I am required to return to my official station on a non- Subpart A—General Rules workday? 301–11.23 Are there any other circumstances Sec. when my agency may reimburse me to 301–11.1 When am I eligible for an allowance return home or to my official station for (per diem or actual expense)? non-workdays during a TDY assignment? 301–11.2 Will I be reimbursed for per diem 301–11.24 What reimbursement will I receive expenses if my official travel is 12 hours if I voluntarily return home or to my of- or less? ficial station on non-workdays during 301–11.3 Must my agency pay an allowance my TDY assignment? (either a per diem allowance or actual 301–11.25 Must I provide receipts to substan- expense)? tiate my claimed travel expenses? 301–11.4 May I be reimbursed actual expense 301–11.26 How do I request a review of the and per diem on the same trip? per diem in a location? 301–11.5 How will my per diem expenses be 301–11.27 Are taxes included in the lodging reimbursed? portion of the Government per diem 301–11.6 Where do I find maximum per diem rate? and actual expense rates? 301–11.28 As a traveler on official business, 301–11.7 What determines my maximum per am I required to pay applicable lodging diem reimbursement rate? taxes? 301–11.8 What is the maximum per diem rate 301–11.29 Are lodging facilities required to I will receive if lodging is not available accept a generic federal, state or local at my TDY location? tax exempt certificate?

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances Pt. 301–11

301–11.30 What is my option if the Govern- 301–11.523 What documentation must I sub- ment lodging rate exceeds my lodging re- mit to substantiate my claim? imbursement? 301–11.524 What steps must my agency take 301–11.31 Are laundry, cleaning and pressing to determine my ITRA? of clothing expenses reimbursable? 301–11.525 Is the ITRA I receive taxable in- 301–11.32 May I be reimbursed for an ad- come? vance room deposit in situations where a 301–11.526 May I receive a lump sum pay- lodging facility requires the payment of ment of the additional tax liability on a deposit, prior to the beginning of my the covered ITRA in lieu of submitting scheduled official travel? another claim? 301–11.527 If I elect a lump sum payment, Subpart B—Lodgings-Plus Per Diem how is the ITRA paid? 301–11.528 If I do not elect lump sum pay- 301–11.100 What will I be paid for lodging ment is there any additional reimburse- under Lodgings-plus per diem? ment? 301–11.101 What allowance will I be paid for M&IE? AGENCY RESPONSIBILITIES 301–11.102 What is the applicable M&IE 301–11.531 What documentation must the rate? employee submit to substantiate a claim? Subpart C—Reduced Per Diem 301–11.532 How should we compute the em- 301–11.200 Under what circumstances may ployee’s ITRA? my agency prescribe a reduced per diem 301–11.533 Are tax penalty and interest pay- rate lower than the prescribed max- ments reimbursable? imum? 301–11.534 What tax tables should we use to calculate the amount of allowable reim- Subpart D—Actual Expense bursement? 301–11.535 How should we calculate the 301–11.300 When is actual expense reim- ITRA? bursement warranted? 301–11.536 Is the ITRA reimbursement con- 301–11.301 Who in my agency can authorize/ sidered to be income to the employee? approve my request for actual expense? 301–11.537 Are income taxes to be withheld 301–11.302 When should I request authoriza- from the ITRA? tion for reimbursement under actual ex- 301–11.538 May we offer a lump sum pay- pense? ment to cover the income tax liability on 301–11.303 What is the maximum amount the covered ITRA? that I may be reimbursed under actual 301–11.539 If the employee does not elect a expense? lump sum payment, how is the tax on the 301–11.304 What if my expenses are less than ITRA calculated? the authorized amount? 301–11.540 How do we handle any excess pay- 301–11.305 What if my actual expenses ex- ment? ceed the 300 percent ceiling? 301–11.306 What expenses am I required to Subpart F—Income Tax Reimbursement Al- itemize under actual expense? lowance (ITRA), Tax Years 1995 and Thereafter Subpart E—Income Tax Reimbursement Allowance (ITRA), Tax Years 1993 and 1994 GENERAL 301–11.601 What is the Income Tax Reim- GENERAL bursement Allowance (ITRA)? 301–11.501 What is the Income Tax Reim- 301–11.602 Who is eligible to receive the bursement Allowance (ITRA)? ITRA? 301–11.502 Who is eligible to receive the 301–11.603 Are Federal Insurance Contribu- ITRA? tion Act (FICA) and Medicare deductions 301–11.503 Are Federal Insurance Contribu- included in any reimbursement under tion Act (FICA) and Medicare deductions this part? included in any reimbursement under this part? EMPLOYEE RESPONSIBILITIES 301–11.621 Must I file a claim to be reim- EMPLOYEE RESPONSIBILITIES bursed for the additional income taxes 301–11.521 Must I file a claim to be reim- incurred? bursed for the additional income taxes 301–11.622 If I was assessed an income tax incurred? penalty and/or interest payment due to 301–11.522 If I was assessed an income tax incorrect income tax withholdings, are penalty and/or interest payment due to those payments reimbursable? incorrect income tax withholdings, are 301–11.623 What documentation must I sub- those payments reimbursable? mit to substantiate my claim?

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–11.1 41 CFR Ch. 301 (7–1–12 Edition)

301–11.624 What steps must my agency take (b) You incur per diem expenses while to determine my ITRA? performing official travel; and 301–11.625 Is the ITRA I receive taxable in- (c) You are in a travel status for come? 301–11.626 May I receive a lump sum pay- more than 12 hours. ment of the additional tax liability on the covered ITRA in lieu of submitting § 301–11.2 Will I be reimbursed for per another claim? diem expenses if my official travel 301–11.627 If I elect a lump sum payment, is 12 hours or less? how is the ITRA paid? No. 301–11.628 If I do not elect lump sum payment is there any additional reimburse- § 301–11.3 Must my agency pay an al- ment? lowance (either a per diem allowance or actual expense)? AGENCY RESPONSIBILITIES Yes, unless: 301–11.631 What documentation must the employee submit to substantiate a (a) You perform travel to a training claim? event under the Government Employ- 301–11.632 How should we compute the em- ees Training Act (5 U.S.C. 4101–4118), ployee’s ITRA? and you agree not to be paid per diem 301–11.633 Are tax penalty and interest pay- expenses; or ments reimbursable? (b) You perform pre-employment 301–11.634 What tax tables should we use to interview travel, and the interviewing calculate the amount of allowable reimbursement? agency does not authorize payment of 301–11.635 How should we calculate the per diem expenses. ITRA? 301–11.636 Is the ITRA reimbursement con- § 301–11.4 May I be reimbursed actual sidered to be income to the employee? expense and per diem on the same 301–11.637 Are income taxes to be withheld trip? from the ITRA? Yes, you may be reimbursed both ac- 301–11.638 May we offer a lump sum pay- tual expense and per diem during a sin- ment to cover the income tax liability on gle trip, but only one method of reim- the covered ITRA? 301–11.639 If the employee does not elect a bursement may be authorized for any lump sum payment, how is the tax on the given calendar day except as provided ITRA reimbursement calculated? in § 301–11.305 or § 301–11.306. Your agen- 301–11.640 How do we handle any excess pay- cy must determine when the transition ment? between the reimbursement methods AUTHORITY: 5 U.S.C. 5707. occurs. SOURCE: FTR Amdt. 70, 63 FR 15961, Apr. 1, § 301–11.5 How will my per diem ex- 1998, unless otherwise noted. penses be reimbursed? Per diem expenses will be reimbursed Subpart A—General Rules by the: § 301–11.1 When am I eligible for an al- (a) Lodgings-plus per diem method; lowance (per diem or actual ex- (b) Reduced per diem method; pense)? (c) Conference lodging allowance method (see §§ 301–74.7 and 301–74.22 of When: (a) You perform official travel away this chapter); or from your official station, or other (d) Actual expense method. areas defined by your agency; [FTR Amdt. 89, 65 FR 1327, Jan. 10, 2000]

§ 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:

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00058 Fmt 8010 Sfmt 8016 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–11.11

For travel in Rates set by For per diem and actual expense see

(a) Continental United States General Services Administra- For per diem, see applicable FTR Per Diem Bulletins issued (CONUS). tion. periodically by the Office of Governmentwide Policy, Office of Transportation and Personal Property, Travel Manage- ment Policy, and available on the Internet at http:// www.gsa.gov/perdiem. For actual expense, see 41 CFR 301–11.300—301–11.306. (b) Non-foreign areas ...... Department of Defense (Per Per Diem Bulletins issued by PDTATAC and published peri- Diem, Travel and Transpor- odically in the FEDERAL REGISTER or Internet at http:// tation Allowance Committee www.defensetravel.dod.mil/site/perdiemCalc.cfm. (Rates (PDTATAC)). also appear in section 925, a per diem supplement to the Department of State Standardized Regulations (Govern- ment Civilians-Foreign Areas).) (c) Foreign areas ...... Department of State ...... Aper diem supplement to section 925, Department of State Standardized Regulations (Government Civilians-Foreign Areas) and available on the Internet at www.state.gov.

[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]

§ 301–11.7 What determines my max- or ends. You must show this same in- imum per diem reimbursement formation for points where you per- rate? form TDY or for a stopover or official Your TDY location determines your rest stop location when the arrival or maximum per diem reimbursement departure affects your per diem allow- rate. If you arrive at your lodging fa- ance or other travel expenses. You also cility after 12 midnight, you claim should show the dates for other points lodging cost for the preceding calendar visited. You do not have to record de- day. If no lodging is required, the appli- parture/arrival times, but you must an- cable M&IE reimbursement rate is the notate your travel claim when your rate for the TDY location. (See § 301– travel is more than 12 hours but not ex- 11.102.) ceeding 24 hours to reflect that fact. [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998; 63 § 301–11.11 How do I select lodging FR 35537, June 30, 1998, as amended by FTR and make lodging reservations? Amdt. 2011–03, 76 FR 55275, Sept. 7, 2011] (a) You must make your lodging res- § 301–11.8 What is the maximum per ervations through your agency’s travel diem rate I will receive if lodging is management service. not available at my TDY location? (b) You should always stay in a ‘‘fire If lodging is not available at your safe’’ facility. This is a facility that TDY location, your agency may au- meets the fire safety requirements of thorize or approve the maximum per the Hotel and Motel Fire Safety Act of diem rate for the location where lodg- 1990 (the Act), as amended (see 5 U.S.C. ing is obtained. 5707a). (c) When selecting a commercial § 301–11.9 When does per diem or ac- lodging facility, first consideration tual expense entitlement start/stop? should be given to government lodging Your per diem or actual expense enti- agreement programs such as ® tlement starts on the day you depart FedRooms (http://www.fedrooms.com). your home, office, or other authorized The advantages of obtaining lodging ® point and ends on the day you return using the FedRooms program are: to your home, office or other author- (1) Lodging rates are set at or below ized point. per diem rates; (2) There are no add-on fees; § 301–11.10 Am I required to record de- (3) The room cancellation deadline is parture/arrival dates and times on 4 p.m. (or later) on the day of arrival; my travel claim? (4) Most hotels offer last standard You must record the date of depar- room availability rates; ture from, and arrival at, the official (5) There are no early departure fees; station or any other place travel begins and

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00059 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–11.12 41 CFR Ch. 301 (7–1–12 Edition)

(6) Rates are available using all book- expenses for staying at your person- ing channels (e.g., E-Gov Travel Serv- ally-owned residence or for any real es- ice, Travel Management Service, tate expenses associated with the pur- FedRooms® Web site, and hotel res- chase or sale of a personal residence at ervation call centers). The FedRooms® the TDY location, except in conjunc- rate code (XVU) must be entered to get tion with an authorized relocation pur- the program benefits. suant to Chapter 302 of this Title. NOTE TO § 301–11.11: 5 U.S.C. 5707a does not (2) Personally-owned recreational vehi- apply to the District of Columbia govern- cle (trailer/camper). You will not be re- ment. imbursed any expenses associated with [FTR Amdt. 2010–05, 75 FR 63104, Oct. 14, 2010] the purchase, sale or payment of a recreational vehicle or camper at the TDY § 301–11.12 How does the type of lodg- location. ing I select affect my reimbursement? [76 FR 63845, Oct. 14, 2011] (a) Your agency will reimburse you § 301–11.13 How does sharing a room for different types of lodging as fol- with another person affect my per lows: diem reimbursement? (1) Conventional lodgings (hotel/motel, Your reimbursement is limited to boarding house, etc.). You will be reim- one-half of the double occupancy rate bursed the single occupancy rate. if the person sharing the room is an- (2) Government quarters. You will be other Government employee on official reimbursed, as a lodging expense, the travel. If the person sharing the room fee or service charge you pay for use of is not a Government employee on offi- the quarters. cial travel, your reimbursement is lim- (3) Lodging with friend(s) or relative(s) ited to the single occupancy rate. (with or without charge). You may be reimbursed for additional costs your host § 301–11.14 How is my daily lodging incurs in accommodating you only if rate computed when I rent lodging you are able to substantiate the costs on a long-term basis? and your agency determines them to be When you obtain lodging on a long- reasonable. You will not be reimbursed term basis (e.g., weekly or monthly) the cost of comparable conventional your daily lodging rate is computed by lodging in the area or a flat ‘‘token’’ dividing the total lodging cost by the amount. number of days of occupancy for which (4) Nonconventional lodging. You may you are entitled to per diem, provided be reimbursed the cost of other types the cost does not exceed the daily rate of lodging when there are no conven- of conventional lodging. Otherwise the tional lodging facilities in the area daily lodging cost is computed by di- (e.g., in remote areas) or when conven- viding the total lodging cost by the tional facilities are in short supply be- number of days in the rental period. cause of an influx of attendees at a spe- Reimbursement, including an appro- cial event (e.g., World’s Fair or inter- priate amount for M&IE, may not ex- national sporting event). Such lodging ceed the maximum daily per diem rate includes college dormitories or similar for the TDY location. facilities or rooms not offered commer- cially but made available to the public § 301–11.15 What expenses may be con- by area residents in their homes. sidered part of the daily lodging (5) Recreational vehicle (trailer/camper). cost when I rent on a long-term You may be reimbursed for expenses basis? (parking fees, fees for connection, use, When you rent a room, apartment, and disconnection of utilities, elec- house, or other lodging on a long-term tricity, gas, water and sewage, bath or basis (e.g., weekly, monthly), the fol- shower fees, and dumping fees) which lowing expenses may be considered may be considered as a lodging cost. part of the lodging cost: (b) Your agency will not reimburse (a) The rental cost for a furnished you for: dwelling; if unfurnished, the rental (1) Personally-owned residence. You cost of the dwelling and the rental cost will not be reimbursed for any lodging of appropriate and necessary furniture

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–11.18

and appliances (e.g., stove, refrig- § 301–11.17 If my agency authorizes erator, chairs, tables, bed, sofa, tele- per diem reimbursement, will it re- vision, or vacuum cleaner); duce my M&IE allowance for a (b) Cost of connecting/disconnecting meal(s) provided by a common carrier or for a complimentary meal(s) and using utilities; provided by a hotel/motel? (c) Cost of reasonable maid fees and No. A meal provided by a common cleaning charges; carrier or a complimentary meal pro- (d) Monthly telephone use fee (does vided by a hotel/motel does not affect not include installation and long-dis- your per diem. tance calls); and, (e) If ordinarily included in the price § 301–11.18 What M&IE rate will I re- of a hotel/motel room in the area con- ceive if a meal(s) is furnished by cerned, the cost of special user fees the Government or is included in (e.g., cable TV charges and plug-in the registration fee? charges for automobile head bolt heat- (a) Except as provided in § 301–11.17 or ers). in paragraph (b) of this section, your M&IE allowance must be adjusted for [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as meals furnished to you by the Govern- amended by FTR Amdt. 2007–05, 72 FR 61537, ment (including meals furnished under Oct. 31, 2007] the authority of chapter 304 of this title) by deducting the appropriate § 301–11.16 What reimbursement will I receive if I prepay my lodging ex- amount shown in the chart in this sec- penses and my TDY is curtailed, tion for travel within CONUS and the canceled or interrupted for official chart in appendix B of this chapter for purposes or for other reasons be- meal deductions for OCONUS and for- yond my control that are acceptable eign travel. For meals provided on the to my agency? day of departure and the last day of travel, you must deduct the entire allo- If you sought to obtain a refund or cated meal cost from the decreased otherwise took steps to minimize the M&IE rate (see § 301–11.101). The total cost, your agency may reimburse ex- amount of deductions made will not penses that are not refundable, includ- cause you to receive less than the ing a forfeited rental deposit. amount allowed for incidental expenses.

Total M&IE $46 $51 $56 $61 $66 $71

Continental Breakfast/Breakfast...... 7 8 9 10 11 12 Lunch ...... 11 12 13 15 16 18 Dinner ...... 23 26 29 31 34 36 Incidentals ...... 5 5 5 5 5 5

(b) Your agency, at its discretion, (4) You purchase substitute meals in may allow you to claim the full M&IE order to satisfy your medical require- allowance if: ments or religious beliefs. (1) You are unable to consume the (c) In your agency’s discretion, and furnished meal(s) because of medical in accordance with administrative pro- requirements or religious beliefs; cedures prescribed by your agency, you (2) In accordance with administrative may also claim the full M&IE allow- procedures prescribed by your agency, ance if you were unable to take part in you requested specific approval to a Government-furnished meal due to claim the full M&IE allowance prior to the conduct of official business. your travel; [FTR Amdt. 2009–03, 74 FR 16328, Apr. 10, 2009; (3) In accordance with administrative 74 FR 17437, Apr. 15, 2009, as amended by FTR procedures prescribed by your agency, Amdt. 2009–07, 74 FR 54912, Oct. 26, 2009; FTR you have made a reasonable effort to Amdt. 2011–03, 76 FR 55275, Sept. 7, 2011] make alternative meal arrangements, but were unable to do so; and

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–11.19 41 CFR Ch. 301 (7–1–12 Edition)

§ 301–11.19 How is my per diem cal- § 301–11.22 Am I entitled to per diem culated when I travel across the or actual expense reimbursement if international dateline (IDL)? I am required to return to my offi- When you cross the IDL your actual cial station on a non-workday? elapsed travel time will be used to If required by your agency to return compute your per diem entitlement to your official station on a non-work- rather than calendar days. day, you will be reimbursed the amount allowable for return travel. § 301–11.20 May my agency authorize a rest period for me while I am trav- § 301–11.23 Are there any other cir- eling? cumstances when my agency may (a) Your agency may authorize a rest reimburse me to return home or to my official station for non-work- period not in excess of 24 hours at ei- days during a TDY assignment? ther an intermediate point or at your destination if: Your agency may authorize per diem (1) Either your origin or destination or actual expense and round-trip trans- point is OCONUS; portation expenses for periodic return (2) Your scheduled flight time, in- travel on non-workdays to your home cluding stopovers, exceeds 14 hours; or official station under the following (3) Travel is by a direct or usually circumstances: traveled route; and (a) The agency requires you to return (4) Travel is by coach-class. to your official station to perform offi- (b) When a rest stop is authorized the cial business; or applicable per diem rate is the rate for (b) The agency will realize a substan- the rest stop location. tial cost savings by returning you home; or [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as (c) Periodic return travel home is amended by FTR Amdt. 2005–03, 70 FR 28460, justified incident to an extended TDY May 18, 2005] assignment.

§ 301–11.21 Will I be reimbursed for § 301–11.24 What reimbursement will I per diem or actual expenses on receive if I voluntarily return home leave or non-workdays (weekend, or to my official station on non- legal Federal Government holiday, workdays during my TDY assign- or other scheduled non-workdays) ment? while I am on official travel? If you voluntarily return home or to (a) In general, you will be reimbursed your official station on non-workdays as long as your travel status requires during a TDY assignment, the max- your stay to include a non-workday, imum reimbursement for round trip (e.g., if you are on travel through Fri- transportation and per diem or actual day and again starting Monday you expense is limited to what would have will be reimbursed for Saturday and been allowed had you remained at the Sunday), however, your agency should TDY location. determine the most cost effective situation (i.e., remaining in a travel status § 301–11.25 Must I provide receipts to and paying per diem or actual expenses substantiate my claimed travel ex- or permitting your return to your offi- penses? cial station). Yes. You must provide a lodging re- (b) Your agency will determine ceipt and a receipt for every authorized whether you will be reimbursed for expense over $75, or provide a reason non-workdays when you take leave im- acceptable to your agency explaining mediately (e.g., Friday or Monday) be- why you are unable to furnish the nec- fore or after the non-workday(s). essary receipt(s) (see § 301–52.4 of this NOTE TO § 301–11.21: If emergency travel is chapter). involved due to an incapacitating illness or NOTE TO 301–11.25: Hard copy receipts injury, the rules in part 301–30 of this chapter should be electronically scanned and sub- govern. mitted with your electronic travel claim [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as when your agency has fully deployed ETS amended by FTR Amdt. 2007–05, 72 FR 61537, and notifies you that electronic scanning is Oct. 31, 2007] available within your agency (see § 301–50.3 of

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–11.30

this chapter). You may submit a hard copy necessary expenses, you may submit a receipt, in accordance with your agency’s request, containing pertinent lodging & policies, to support a claimed travel expense meal cost data, through your agency’s only when electronic imaging is not available within your agency. Travel Manager asking that the location be reviewed. Depending on the lo- [FTR Amdt. 2006–04, 71 FR 49375, Aug. 23, 2006] cation in question your agency’s Trav- el Manager may submit the review re- § 301–11.26 How do I request a review quest to: of the per diem in a location? If you travel to a location where the per diem rate is insufficient to meet

For CONUS locations For non-foreign area locations For foreign area locations

General Services Administration, Office of Defense Travel Management Office, Director, Office of Allowances, Depart- Governmentwide Policy, Attn: Travel Attn: SP&P/Allowances Branch, 4601 ment of State, Annex 1, Suite L–314, Policy (MTT), 1800 F St. NW., Wash- N. Fairfax Dr, Suite 800, Arlington, VA Washington, DC 20522–0103. ington, DC 20405. 22203.

[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]

§ 301–11.27 Are taxes included in the § 301–11.29 Are lodging facilities re- lodging portion of the Government quired to accept a generic federal, per diem rate? state or local tax exempt certificate? No. Lodging taxes paid by you are reimbursable as a miscellaneous travel Exemptions from taxes for Federal expense limited to the taxes on reim- travelers, and the forms required to bursable lodging costs. For example, if claim them, vary from location to lo- ® your agency authorizes you a max- cation. The GSA SmartPay Program imum lodging rate of $50 per night, and Support office provides more informa- you elect to stay at a hotel that costs tion regarding state tax exemptions on $100 per night, you can only claim the its Web site (https://smartpay.gsa.gov/ amount of taxes on $50, which is the about-gsa-smartpay/tax-information/state- response-letter) and by e-mail maximum authorized lodging amount. ([email protected]). This section is effective January 1, 1999, for CONUS locations and effective [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as January 1, 2000, for non-foreign areas. amended by FTR Amdt. 2007–05, 72 FR 61537, For foreign areas, lodging taxes have Oct. 31, 2007; FTR Amdt. 2011–03, 76 FR 55275, not been removed from foreign per Sept. 7, 2011] diem rates established by the Depart- § 301–11.30 What is my option if the ment of State. Separate claims for Government lodging rate exceeds lodging taxes incurred in foreign areas my lodging reimbursement? are not allowed. (a) You may request reimbursement [FTR Amdt. 75, 63 FR 66675, Dec. 2, 1998, as on an actual expense basis, not to ex- amended by FTR Amdt. 108, 67 FR 57965, ceed 300 percent of the maximum per Sept. 13, 2002] diem allowance. (b) Approval of actual expenses is § 301–11.28 As a traveler on official usually in advance of travel and at the business, am I required to pay ap- discretion of your agency. (See § 301– plicable lodging taxes? 11.302.) Also, see § 301–70.201 for when an Yes, unless exempted by the State or agency can issue a blanket actual ex- local jurisdiction. pense authorization. [FTR Amdt. 75, 63 FR 66675, Dec. 2, 1998, as amended by FTR Amdt. 2011–03, 76 FR 55275, Sept. 7, 2011]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–11.31 41 CFR Ch. 301 (7–1–12 Edition)

§ 301–11.31 Are laundry, cleaning and such a deposit is required by the lodg- pressing of clothing expenses reim- ing facility to secure a room reserva- bursable? tion, prior to the beginning of your Yes. The expenses incurred for laun- scheduled official travel. However, if dry, cleaning and pressing of clothing you are reimbursed the advance room at a TDY location are reimbursable as deposit, but fail to perform the sched- a miscellaneous travel expense. How- uled official travel for reasons not ac- ever, you must incur a minimum of 4 ceptable to your agency, resulting in consecutive nights lodging on official forfeit of the deposit, you are indebted travel to qualify for this reimburse- to the Government for that amount ment. Laundry and dry cleaning ex- and must repay it in a manner pre- penses have not been removed from for- scribed by your agency. eign per diem rates established by the Department of State, or from non-for- [FTR Amdt. 108, 67 FR 57965, Sept. 13, 2002] eign area per diem rates established by the Department of Defense. Separate Subpart B—Lodgings-Plus Per claims for laundry and dry cleaning ex- Diem penses incurred in foreign areas and non-foreign areas are not allowed. § 301–11.100 What will I be paid for [FTR Amdt. 75, 63 FR 66675, Dec. 2, 1998, as lodging under Lodgings-plus per amended by FTR Amdt. 108, 67 FR 57965, diem? Sept. 13, 2002] When travel is more than 12 hours § 301–11.32 May I be reimbursed for an and overnight lodging is required you advance room deposit in situations are reimbursed your actual lodging where a lodging facility requires cost not to exceed the maximum lodg- the payment of a deposit, prior to ing rate for the TDY location or stop- the beginning of my scheduled offi- over point. cial travel? Yes, your agency may reimburse you for an advance room deposit, when

§ 301–11.101 What allowance will I be paid for M&IE? (a) Except as provided in paragraph (b) of this section, your allowance is as shown in the following table:

When travel is Your allowance is

More than 12 but less than 24 hours ...... 75 percent of the applicable M&IE rate for each calendar day you are in a travel status. 24 hours or more, on ...... The day of departure ...... 75 percent of the applicable M&IE rate. Full days of travel ...... 100 percent of the applicable M&IE rate. The last day of travel ...... 75 percent of the applicable M&IE rate.

(b) If you travel by ship, either commercial or Government, your agency will determine an appropriate M&IE rate within the applicable maximum rate allowable. [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2009–04, 74 FR 16329, Apr. 10, 2009]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00064 Fmt 8010 Sfmt 8016 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–11.303

§ 301–11.102 What is the applicable M&IE rate?

For days of travel which Your applicable M&IE rate is

Require lodging ...... The M&IE rate applicable for the TDY location or stopover point. Do not require lodging, Travel is more than 12 hours but less than 24 The M&IE rate applicable to the TDY site (or the and. hours. highest M&IE rate applicable when multiple locations are involved). Travel is 24 hours or more, and you are traveling The M&IE rate applicable to the new TDY site or to a new TDY site or stopover point at mid- stopover point. night. Travel is 24 hours or more, and you are return- The M&IE rate applicable to the previous day of ing to your official station. travel.

[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 (e) Any other reason approved within your agency. § 301–11.200 Under what circumstances may my agency pre- [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as scribe a reduced per diem rate amended by FTR Amdt. 2011–03, 76 FR 55275, lower than the prescribed max- Sept. 7, 2011] imum? § 301–11.301 Who in my agency can au- Under the following circumstances: thorize/approve my request for ac- (a) When your agency can determine tual expense? in advance that lodging and/or meal Any official designated by the head costs will be lower than the per diem of your agency (see § 301–70.201 for when rate; and an agency can issue a blanket actual (b) The lowest authorized per diem rate must be stated in your travel au- expense authorization). thorization in advance of your travel. [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as amended by FTR Amdt. 2011–03, 76 FR 55275, Subpart D—Actual Expense Sept. 7, 2011]

§ 301–11.300 When is actual expense § 301–11.302 When should I request au- reimbursement warranted? thorization for reimbursement under actual expense? When: (a) Lodging and/or meals are pro- Request for authorization for reim- cured at a prearranged place such as a bursement under actual expense should hotel where a meeting, conference or be made in advance of travel. However, training session is held; subject to your agency’s policy, after (b) Costs have escalated because of the fact approvals may be granted special events (e.g., missile launching when supported by an explanation ac- periods, sporting events, World’s Fair, ceptable to your agency. Also, your conventions, natural or manmade dis- agency can issue a blanket actual ex- asters); lodging and meal expenses pense authorization under § 301–70.201. within prescribed allowances cannot be [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998, as obtained nearby; and costs to commute amended by FTR Amdt. 2011–03, 76 FR 55275, to/from the nearby location consume Sept. 7, 2011] most or all of the savings achieved from occupying less expensive lodging; § 301–11.303 What is the maximum (c) The TDY location is subject to a amount that I may be reimbursed Presidentially-Declared Disaster and under actual expense? your agency has issued a blanket ac- The maximum amount that you may tual expense authorization for the loca- be reimbursed under actual expense is tion (see § 301–70.201); limited to 300 percent (rounded to the (d) Because of mission requirements; or next higher dollar) of the applicable

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–11.304 41 CFR Ch. 301 (7–1–12 Edition)

maximum per diem rate. However, sub- come taxes incurred incident to an ex- ject to your agency’s policy, a lesser tended TDY assignment at one loca- amount may be authorized. tion.

§ 301–11.304 What if my expenses are § 301–11.502 Who is eligible to receive less than the authorized amount? the ITRA? When authorized actual expense and An employee (and spouse, if filing your expenses are less than the locality jointly) who was in a TDY status for an per diem rate or the authorized extended period at one location, and amount, reimbursement is limited to who incurred Federal, State, or local the expenses incurred. income taxes on amounts received as reimbursement for official travel ex- § 301–11.305 What if my actual expenses. penses exceed the 300 percent ceiling? § 301–11.503 Are Federal Insurance Your reimbursement is limited to the Contribution Act (FICA) and Medi- 300 percent ceiling. There is no author- care deductions included in any re- ity to exceed this ceiling. imbursement under this part? No. Reimbursement is limited to in- § 301–11.306 What expenses am I re- come taxes. quired to itemize under actual expense? EMPLOYEE RESPONSIBILITIES You must itemize all expenses, including meals, (each meal must be § 301–11.521 Must I file a claim to be itemized separately) for which you will reimbursed for the additional income taxes incurred? be reimbursed under actual expense. However, expenses that do not accrue Yes. A claim must be submitted in daily (e.g., laundry, dry cleaning, etc.) accordance with your agency’s policy. may be averaged over the number of § 301–11.522 If I was assessed an in- days your agency authorizes/approves come tax penalty and/or interest actual expenses. Receipts are required payment due to incorrect income for lodging, regardless of amount and tax withholdings, are those pay- any individual meal when the cost ex- ments reimbursable? ceeds $75. Your agency may require re- Yes, for the total amount of the in- ceipts for other allowable per diem ex- come tax penalty and/or interest as- penses, but it must inform you of this sessed by the IRS for tax years 1993 and requirement in advance of travel. When 1994 only. your agency limits M&IE reimbursement to either the prescribed max- § 301–11.523 What documentation must imum M&IE rate for the locality con- I submit to substantiate my claim? cerned or a reduced M&IE rate, it may Your agency will determine what or may not require M&IE itemization documentation is sufficient. (See § 301– at its discretion. 11.531.) [FTR Amdt. 70, 63 FR 15961, Apr. 1, 1998; 63 FR 35537, June 30, 1998] § 301–11.524 What steps must my agency take to determine my ITRA? Subpart E—Income Tax Reim- Your agency should: bursement Allowance (ITRA), (a) Determine Federal, State and local marginal tax rates by using the Tax Years 1993 and 1994 procedures and the marginal tax tables established for the relocation income SOURCE: 64 FR 32813, June 18, 1999, unless tax allowance in § 302–11.7, § 302–11.8, otherwise noted. and the appropriate RIT tax table(s) lo- GENERAL cated at www.gsa.gov/ftrbulletin; or (b) Determine reimbursement as cal- § 301–11.501 What is the Income Tax culated in the illustration shown in Reimbursement Allowance (ITRA)? § 301–11.535. The ITRA is an allowance designed to [64 FR 32813, June 18, 1999, as amended by reimburse Federal, State and local in- FTR Amdt. 2008–04, 73 FR 35953, June 25, 2008]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–11.535

§ 301–11.525 Is the ITRA I receive tax- ies of completed Federal, State and able income? local tax return for the tax year in Yes. The amount received must be re- which the taxes were withheld and ported as taxable income in the year in paid. which received, but you are eligible to (b) Copies of W-2’s and Form 1099’s. receive an allowance to cover the taxes (c) Any documentation received from assessed on the ITRA under § 301-11.528. the IRS identifying any interest or penalty payment (tax years 1993 and § 301–11.526 May I receive a lump sum 1994 only). payment of the additional tax liabil- (d) Any other documentation nec- ity on the covered ITRA in lieu of essary to substantiate the claim. submitting another claim? Yes, if agreed to in writing by your § 301–11.532 How should we compute agency and with the understanding the employee’s ITRA? that you will be responsible for any in- You should follow the procedures pre- come taxes due without further reim- scribed for the relocation income tax bursement. allowance, see §§ 302–11.7, 302–11.8 and the appropriate RIT tax table(s) lo- § 301–11.527 If I elect a lump sum pay- cated at www.gsa.gov/ftrbulletin or as il- ment, how is the ITRA paid? lustrated in § 301–11.535. (a) Reimbursement is as illustrated: [64 FR 32813, June 18, 1999, as amended by LUMP SUM ITRA TAX PAID TO EMPLOYEE FTR Amdt. 2008–04, 73 FR 35953, June 25, 2008]

ITRA reimbursement for tax year 1993 .... $14,435 § 301–11.533 Are tax penalty and inter- Federal Tax liability on ITRA Reimburse- est payments reimbursable? ment (@ 28%) ...... 4,042 Yes, the total amount of any penalty VA State tax liability (@ 5.75%) ...... 830 and interest assessed by the IRS (for Local tax liability ...... 0 tax years 1993 and 1994 only) due to the Total reimbursement ...... 19,307 failure of the Government to withhold the appropriate income taxes are reim- (b) Reimbursement of the ITRA and bursable. the tax on the ITRA is a final lump sum payment with no further reim- § 301–11.534 What tax tables should we use to calculate the amount of al- bursement. You will be responsible for lowable reimbursement? any income taxes due on $19,307. The tax tables for the year the tax § 301–11.528 If I do not elect lump sum was incurred are to be used. payment is there any additional reimbursement? § 301–11.535 How should we calculate Yes. You are reimbursed for the tax the ITRA? on the tax reimbursement received. (a) Use the documents prescribed in Your agency will calculate the tax on § 301–11.531 to calculate the ITRA as fol- the tax reimbursement using the for- lows: mulas developed for the Year 2 reim- (1) Determine Federal, State and bursements of the relocation income local marginal tax rates by using the tax allowance (see § 302–11.8 of this procedures and the marginal tax tables title). established for the relocation income tax allowance in §§ 302–11.7, 302–11.8 and AGENCY RESPONSIBILITIES the appropriate RIT tax table(s) located at www.gsa.gov/ftrbulletin; and § 301–11.531 What documentation must (2) Add any penalty or interest for the employee submit to substantiate a claim? tax years 1993 or 1994 only to determine the full ITRA payment; or You must determine what docu- (b) As calculated in the following il- mentation you require to be submitted lustration. with the employee’s claim. It can in- Example of calculating an employee’s tax clude: return using the marginal tax rate schedules (a) A certified statement as pre- in the state RIT tax table(s) located at scribed in § 302–11.10 of this title or cop- www.gsa.gov/ftrbulletin:

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–11.536 41 CFR Ch. 301 (7–1–12 Edition)

FOR TAX YEARS 1993 OR 1994 (MARRIED FILING JOINT RETURN)

Original Recalculated

1. Adjusted Gross Income (w/ travel reimbursement) ...... $75,246 $75,246 2. Subtract travel reimbursement ...... (15,482) 3. Subtract personal exemptions and itemized or standard deductions ...... (12,689) (12,689) 4. Adjusted taxable Income ...... 62,557 47,075 5. Tax liability on adjusted taxable income: a. Federal ...... 17,516 $7,061* (28%) (15%) b. State, VA (5.75% tax bracket) ...... 3,597 2,707 c. Local: Not applicable ...... 0 0

d. Total ...... 21,113 9,768 6. Difference of total of column 1 minus total of column 2: Additional Taxes Incurred due to travel reimbursement—$11,345 7. Add to the tax difference: a. Penalty Payment imposed by IRS tax year 1993—1,500 b. Interest Payment imposed by IRS tax year 1993—1,500 Total 6 and 7a and b = ITRA—$14,345** * Adjusted taxable income places employee in lower tax bracket. ** The ITRA reimbursement is taxable income for the year in which paid at the appropriate Federal, State and local income tax rates.

[64 FR 32813, June 18, 1999, as amended by § 301–11.540 How do we handle any ex- FTR Amdt. 2008–04, 73 FR 35953, June 25, 2008] cess payment? § 301–11.536 Is the ITRA reimburse- You must collect any excess payment considered to be income to ments, which includes issuing cor- the employee? rected W-2’s or 1099’s. Yes. The ITRA reimbursement is considered taxable income in the year paid Subpart F—Income Tax Reim- and is subject to tax withholding as bursement Allowance (ITRA), any other income. Tax Years 1995 and There- after § 301–11.537 Are income taxes to be withheld from the ITRA? SOURCE: 64 FR 32815, June 18, 1999, unless Yes, as determined by your internal otherwise noted. tax withholding procedures established for your agency pursuant to IRS proce- GENERAL dures. § 301–11.601 What is the Income Tax § 301–11.538 May we offer a lump sum Reimbursement Allowance (ITRA)? payment to cover the income tax li- The ITRA is an allowance designed to ability on the covered ITRA? reimburse Federal, State and local in- Yes, if the employee mutually agrees come taxes incurred incident to an ex- in writing to the lump sum payment tended TDY assignment at one loca- and understands that he/she is respon- tion. sible for any income taxes without further reimbursement. (See the illustra- § 301–11.602 Who is eligible to receive tion in § 301–11.527.) the ITRA? An employee (and spouse, if filing § 301–11.539 If the employee does not jointly) who was in a TDY status for an elect a lump sum payment, how is extended period at one location and the tax on the ITRA calculated? who incurred Federal, State, or local The tax on the ITRA reimbursement income taxes on amounts received as should be calculated using the Year 2 reimbursement for official travel ex- formulas developed for the relocation penses. income tax allowance. (See § 302–11.8.)

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–11.631

§ 301–11.603 Are Federal Insurance § 301–11.626 May I receive a lump sum Contribution Act (FICA) and Medi- payment of the additional tax liabil- care deductions included in any re- ity on the covered ITRA in lieu of imbursement under this part? submitting another claim? No. Reimbursement is limited to in- Yes, if agreed to in writing by your come taxes. agency and with the understanding that you will be responsible for any in- EMPLOYEE RESPONSIBILITIES come taxes due without further reimbursement. § 301–11.621 Must I file a claim to be reimbursed for the additional in- § 301–11.627 If I elect a lump sum pay- come taxes incurred? ment, how is the ITRA paid? Yes, a claim must be submitted in ac- (a) Reimbursement is as illustrated: cordance with your agency’s policy. LUMP SUM ITRA TAX PAID TO EMPLOYEE

§ 301–11.622 If I was assessed an in- ITRA reimbursement for tax year 1995 .... $14,435 come tax penalty and/or interest Federal Tax liability on ITRA Reimburse- payment due to incorrect income ment (@ 28%) ...... 4,042 tax withholdings, are those pay- VA State tax liability (@ 5.75%) ...... 830 ments reimbursable? Local tax liability ...... 0

No. The reimbursement of tax pen- Total reimbursement ...... 19,307 alty and/or interest payment assessed by the IRS is limited by law to tax (b) Reimbursement of the ITRA and years 1993 and 1994 only. tax on the ITRA is a final lump sum payment with no further reimburse- § 301–11.623 What documentation must ment. You will be responsible for any I submit to substantiate my claim? income taxes due on $19,307. Your agency will determine what documentation is sufficient. (See § 301– § 301–11.628 If I do not elect lump sum payment is there any additional re- 11.631.) imbursement? § 301–11.624 What steps must my agen- Yes. You are reimbursed for the tax cy take to determine my ITRA? on the tax reimbursement received. Your agency will calculate the tax on Your agency should: the tax reimbursement using the for- (a) Determine Federal, State and mulas developed for the Year 2 reim- local marginal tax rates by using the bursements of the relocation income procedures and the marginal tax tables tax allowance (see § 302–11.8 of this established for the relocation income title). tax allowance in §§ 302–11.7, 302–11.8 and the appropriate RIT tax table(s) lo- AGENCY RESPONSIBILITIES cated at www.gsa.gov/ftrbulletin; or § 301–11.631 What documentation must (b) Determine reimbursement as cal- the employee submit to substan- culated in the illustration shown in tiate a claim? § 301–11.535. You must determine what docu- [64 FR 32815, June 18, 1999, as amended by mentation you require to be submitted FTR Amdt. 2008–04, 73 FR 35953, June 25, 2008] with the employee’s claim. It may include: § 301–11.625 Is the ITRA I receive tax- (a) A certified statement as pre- able income? scribed in § 302–11.10 of this title or a Yes. The amount received must be re- copy of the employee’s completed Fed- ported as taxable income in the year in eral, State and local tax return for the which received, but you are eligible to tax year in which the taxes were withheld and paid. receive an allowance to cover the taxes (b) Copies of W-2’s and Form 1099’s; assessed on the ITRA under § 301–11.628. and (c) Any other documentation necessary to substantiate your claim.

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–11.632 41 CFR Ch. 301 (7–1–12 Edition)

§ 301–11.632 How should we compute § 301–11.635 How should we calculate the employee’s ITRA? the ITRA? You should follow the procedures pre- Use the documents prescribed in scribed for the relocation income tax § 301–11.631 to calculate the ITRA as fol- allowance, see §§ 302–11.7, 302–11.8 and lows: the appropriate RIT tax table(s) lo- (a) Determine Federal, State and cated at www.gsa.gov/ftrbulletin or as il- local marginal tax rates by using the lustrated in § 301–11.535. procedures and the marginal tax tables [64 FR 32815, June 18, 1999, as amended by established for the relocation income FTR Amdt. 2008–04, 73 FR 35953, June 25, 2008] tax allowance in §§ 302–11.7, 302–11.8 and the appropriate RIT tax table(s) lo- § 301–11.633 Are tax penalty and interest payments reimbursable? cated at www.gsa.gov/ftrbulletin, or (b) As calculated in the following il- No. The reimbursement of penalty and/or interest payments assessed by lustration. the IRS is limited by law to tax years Example of calculating an employee’s tax 1993 and 1994 only. return using the marginal tax rate schedules in the state RIT tax table(s) located at § 301–11.634 What tax tables should we www.gsa.gov/ftrbulletin: use to calculate the amount of allowable reimbursement? The tax tables for the year the tax was incurred are to be used.

FOR TAX YEAR 1995 AND THEREAFTER [MARRIED FILING JOINT RETURN]

Original Recalculated

1. Adjusted Gross Income (w/ travel reimbursement): ...... $75,246 $75,246 2. Subtract travel reimbursement: ...... (15,482) 3. Subtract personal exemptions and itemized or standard deductions ...... (12,689) (12,689) 4. Adjusted taxable income ...... 62,557 47,075 5. Tax liability on adjusted taxable income: a. Federal (28%) ...... 17,516 *7,061 (15%) b. State, VA (5.75% tax bracket) ...... 3,597 2,707 c. Local: Not applicable ...... 0 0

d. Total ...... 21,113 9,768 6. Difference of total of column 1 minus total of column 2: Additional Taxes Incurred due to travel reimbursement—$11,345 Total = ITRA—$11,345** *Adjusted taxable income places employee in lower tax bracket. **The ITRA reimbursement is taxable income for the year in which paid at the appropriate Federal, State and local income tax rates.

[64 FR 32815, June 18, 1999, as amended by FTR Amdt. 2008–04, 73 FR 35953, June 25, 2008]

§ 301–11.636 Is the ITRA reimburse- for your agency pursuant to IRS proce- ment considered to be income to dures. the employee? Yes. The ITRA reimbursement is con- § 301–11.638 May we offer a lump sum payment to cover the income tax li- sidered taxable income in the year paid ability on the covered ITRA? and is subject to tax withholding as any other income. Yes, if the employee mutually agrees in writing to the lump sum payment § 301–11.637 Are income taxes to be and understands that he/she is respon- withheld from the ITRA? sible for any income taxes without fur- Yes, as determined by your internal ther reimbursement. See the illustra- tax withholding procedures established tion in § 301–11.627.

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00070 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–12.1

§ 301–11.639 If the employee does not 301–12.2 What baggage expenses may my elect a lump sum payment, how is agency pay? the tax on the ITRA reimbursement AUTHORITY: 5 U.S.C. 5707. calculated? The tax on the tax reimbursement SOURCE: FTR Amdt. 70, 63 FR 15965, Apr. 1, should be calculated using the Year 2 1998, unless otherwise noted. formulas developed for the relocation § 301–12.1 What miscellaneous ex- income tax allowance. (See § 302–11.8.) penses are reimbursable? § 301–11.640 How do we handle any ex- When the following items have been cess payment? authorized or approved by your agency, You must collect any excess pay- they will be reimbursed as a miscella- ments, which includes issuing cor- neous expense. Taxes for reimbursable rected W-2’s or 1099’s. lodging are deemed approved when lodging is authorized. Examples of such PART 301–12—MISCELLANEOUS expenses include, but are not limited to EXPENSES the following:

Sec. 301–12.1 What miscellaneous expenses are reimbursable?

General expenses Fees to obtain money Special expenses of foreign travel

Baggage expenses as described in Fees for travelers checks ...... Commissions on conversion of foreign § 301–12.2.. currency. Services of guides, interpreters, and driv- Fees for money orders ...... Passport and/or visa fees, including fees ers.. 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. Re- imbursement for such fees may include travel and transportation costs to the passport/visa issuing office if located outside the local commuting area of the employee’s official station and the traveler’s presence at that office is mandatory. Services of an attendant as described in § 301–13.3.. Use of computers, printers, faxing ma- Fees for certified checks ...... Costs of photographs for passports and chines, and scanners.. visas. Services of typists, data processors, or Transaction fees for use of automated Foreign country exit fees. stenographers.. teller machines (ATMs)-Government contractor-issued charge card. Services of an attendant as described in Costs of birth, health, and identity certifi- § 301–13.3.. cates. Storage of property used on official busi- Charges for inoculations that cannot be ness.. obtained through a Federal dispen- sary. Hire of conference center room or hotel room for official business.. Official telephone calls/service (see note).. Faxes, telegrams, cablegrams, or radiograms.. Lodging taxes as prescribed in § 301– 11.27.. Laundry, cleaning and pressing of clothing expenses as prescribed in § 301–11.31.. Energy surcharge and lodging resort fee(s) (when such fee(s) is/are not op- tional)..

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00071 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–12.2 41 CFR Ch. 301 (7–1–12 Edition)

NOTE TO § 301–12.1: You should use Govern- § 301–13.1 What is the policy for payment provided services for all official com- ing additional travel expenses in- munications. When they are not available, curred by an employee with a spe- commercial services may be used. Reim- cial need? bursement may be authorized or approved by To provide reasonable accommoda- your agency. tions to an employee with a special [FTR Amdt. 75, 63 FR 66675, Dec. 2, 1998, as need by paying for additional travel ex- amended by FTR Amdt. 108, 67 FR 57965, penses incurred. Sept. 13, 2002; FTR Amdt. 2006–03, 71 FR 24596, Apr. 26, 2006; FTR Amdt. 2007–05, 72 FR 61538, § 301–13.2 Under what conditions will Oct. 31, 2007; FTR Amdt. 2010–07, 75 FR 72967, my agency pay for my additional Nov. 29, 2010] travel expense(s) under this part? When an additional travel expense is § 301–12.2 What baggage expenses may my agency pay? necessary to accommodate a special physical need which is either: Your agency may reimburse expenses (a) Clearly visible and discernible; or related to baggage as follows: (b) Substantiated in writing by a (a) Transportation charges for au- competent medical authority. thorized excess; (b) Necessary charges for transferring § 301–13.3 What additional travel ex- baggage; penses may my agency pay under this part? (c) Necessary charges for storage of baggage when such charges are the re- Your agency approving official may sult of official business; pay for any expenses deemed necessary (d) All fees pertaining to the first by your agency to accommodate an employee with a special need includ- checked bag. In addition, charges relat- ing, but not limited to, the following ing to the second and subsequent bags expenses: may be reimbursed when the agency (a) Transportation and per diem ex- determines those expenses necessary penses incurred by a family member or and in the interest of the Government other attendant who must travel with (see §§ 301–70.300, 301–70.301). Travelers you to make the trip possible; should verify their agency’s current (b) Specialized transportation to, policies and procedures regarding ex- from, and/or at the TDY duty location; cess baggage prior to traveling; and (c) Specialized services provided by a (e) Charges or tips at transportation common carrier to accommodate your terminals for handling Government special need; property carried by the traveler. (d) Costs for handling your baggage that are a direct result of your special [FTR Amdt. 70, 63 FR 15965, Apr. 1, 1998, as need; amended by FTR Amdt. 2010–07, 75 FR 72967, Nov. 29, 2010] (e) Renting and/or transporting a wheelchair; (f) Other than coach-class accom- PART 301–13—TRAVEL OF AN modations to accommodate your spe- EMPLOYEE WITH SPECIAL NEEDS cial need, under subpart B of part 301– 10 of this subchapter; and Sec. (g) Services of an attendant, when 301–13.1 What is the policy for paying addi- necessary, to accommodate your spe- tional travel expenses incurred by an em- cial need. ployee with a special need? 301–13.2 Under what conditions will my NOTE TO § 301–13.3(g): For limits on the agency pay for my additional travel ex- amount that may be paid to an attendant, penses under this part? other than travel expenses, see 5 U.S.C. 3102 and guidance at http://www.opm.gov/disability/ 301–13.3 What additional travel expenses mngrl6–01–B.asp. may my agency pay under this part? [FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as AUTHORITY: 5 U.S.C. 5707. amended by FTR Amdt. 2005–03, 70 FR 28460, SOURCE: FTR Amdt. 70, 63 FR 15966, Apr. 1, May 18, 2005; FTR Amdt. 2006–03, 71 FR 24596, 1998, unless otherwise noted. Apr. 26, 2006; FTR Amdt. 2009–06, 74 FR 55149, Oct. 27, 2009]

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00072 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances Pt. 301–31

PART 301–30—EMERGENCY TRAVEL (b) Transportation and per diem expense for travel to an alternate loca- Sec. tion to receive medical treatment. 301–30.1 What is emergency travel? (c) Transportation and per diem ex- 301–30.2 What is considered to be ‘‘family’’ pense to return to your official station. with respect to emergency travel? (d) Transportation costs of a medi- 301–30.3 What should I do if I have to inter- cally necessary attendant. rupt or discontinue my TDY travel? 301–30.4 When an illness or injury occurs on [FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as TDY, what expenses may be allowed? amended by FTR Amdt. 108, 67 FR 57966, 301–30.5 Are there any limitations to the Sept. 13, 2002] payment of these expenses? § 301–30.5 Are there any limitations to AUTHORITY: 5 U.S.C. 5707. the payment of these expenses? SOURCE: FTR Amdt. 70, 63 FR 15966, Apr. 1, Expenses are not payable when: 1998, unless otherwise noted. (a) Confined to: § 301–30.1 What is emergency travel? (1) A medical facility within the proximity of your official station. Travel which results from: (2) The same medical facility you (a) Your becoming incapacitated by would have been admitted to if your in- illness or injury not due to your own capacitating illness or injury occurred misconduct; or at your official station. (b) The death or serious illness of a (b) The Government provides or reim- member of your family; or burses you for hospitalization under (c) A catastrophic occurrence or im- any Federal statute (including hos- pending disaster, such as fire, flood, or pitalization in a Department of Vet- act of God, which directly affects your erans Affairs (VA) Medical center or home. military hospital). However, per diem expenses are payable if your hos- § 301–30.2 What is considered to be ‘‘family’’ with respect to emergency pitalization is paid under the Federal travel? Employees Health Benefits Program (5 U.S.C. 8901–8913). ‘‘Family’’ includes any member of your immediate family, as defined in [FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as § 300–3.1. However, your agency may, on amended by FTR Amdt. 2010–07, 75 FR 72967, a case-by-case basis, expand this defini- Nov. 29, 2010] tion to include other members of your and/or your spouse’s or domestic part- PART 301–31—THREATENED LAW ner’s extended family. ENFORCEMENT/INVESTIGATIVE [FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as EMPLOYEES amended by FTR Amdt. 2010–06, 75 FR 67631, Nov. 3, 2010] Sec. 301–31.1 Why pay subsistence and transpor- § 301–30.3 What should I do if I have to tation expenses for threatened law en- interrupt or discontinue my TDY forcement/investigative employees? travel? 301–31.2 What is ‘‘family’’ with respect to threatened law enforcement/investiga- Contact your travel authorizing/ap- tive employees? proving official for instructions as soon 301–31.3 Are members of my family and I el- as possible. igible for payment of subsistence and transportation expense? § 301–30.4 When an illness or injury oc- 301–31.4 Must my agency pay transportation curs on TDY, what expenses may be and subsistence expenses? allowed? 301–31.5 Under what conditions may my Your agency may pay: agency pay for transportation and sub- (a) Per diem at the location where sistence expenses? you incurred or were treated for inca- 301–31.6 Where must I and/or my family obtain lodging? pacitating illness or injury for a rea- 301–31.7 May my family and I occupy lodg- sonable period of time (generally 14 ing at different locations? calendar days). However, your agency 301–31.8 What transportation expenses may may pay for a longer period. my agency pay?

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00073 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR § 301–31.1 41 CFR Ch. 301 (7–1–12 Edition)

301–31.9 What subsistence expenses may my § 301–31.5 Under what conditions may agency pay? my agency pay for transportation 301–31.10 How will my agency pay my sub- and subsistence expenses? sistence expenses? 301–31.11 May my agency pay me a per diem When your agency determines that a allowance instead of actual expenses? threat against you or a member(s) of 301–31.12 Must I keep track of my expenses? your immediate family justifies mov- 301–31.13 How long may my agency pay for ing you and/or your family to tem- subsistence expenses under this part? porary living accommodations at or 301–31.14 May I receive a travel advance for away from your official station. transportation and/or subsistence expenses? § 301–31.6 Where must I and/or my 301–31.15 What documentation must I pro- family obtain lodging? vide for reimbursement? Your agency designates the area AUTHORITY: 5 U.S.C. 5707. where you and/or your family should SOURCE: FTR Amdt. 70, 63 FR 15966, Apr. 1, obtain lodging. It may be within your 1998, unless otherwise noted. official station or at an alternate location. § 301–31.1 Why pay subsistence and transportation expenses for threat- § 301–31.7 May my family and I occupy ened law enforcement/investigative lodging at different locations? employees? Yes, if authorized by your agency. To protect a law enforcement/investigative employee and his/her imme- § 301–31.8 What transportation ex- diate family when their lives are penses may my agency pay? placed in jeopardy as a result of the Your agency may pay transportation employee’s assigned duties. expenses authorized by part 301–10 of § 301–31.2 What is ‘‘family’’ with re- this chapter to transport you and/or spect to threatened law enforce- your family to/from a temporary loca- ment/investigative employees? tion. Generally, ‘‘family’’ includes any [FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as member of your immediate family, as amended by FTR 108, 67 FR 57966, Sept. 13, defined in § 300–3.1 of this title. How- 2002] ever, your agency may, on a case-by- case basis, expand this definition to in- § 301–31.9 What subsistence expense clude other members of you and/or may my agency pay? your spouse’s or domestic partner’s ex- Only your lodging cost may be paid. tended family. However, your agency may pay for meals and laundry/cleaning expenses if: [FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as (a) Your temporary living accom- amended by FTR Amdt. 2010–06, 75 FR 67631, Nov. 3, 2010] modations do not have kitchen or laundry facilities; or § 301–31.3 Are members of my family (b) Your agency determines that and I eligible for payment of sub- other extenuating circumstances exist sistence and transportation ex- which necessitate payment of these expense? penses. Yes, if you serve in a law enforcement, investigative, or similar capac- § 301–31.10 How will my agency pay ity for special law enforcement/inves- my subsistence expenses? tigative purposes and your agency au- Your agency will pay your actual thorizes such expenses. subsistence expenses not to exceed the ‘‘maximum allowable amount’’ for the § 301–31.4 Must my agency pay trans- period you or your family occupy tem- portation and subsistence ex- porary living accommodations. The penses? ‘‘maximum allowable amount’’ is the No. Your agency decides when it is ‘‘maximum daily amount’’ multiplied appropriate to pay these expenses by the number of days you or your based on the nature of the threat family occupy temporary living accom- against your life and/or the life of a modations not to exceed the number of member(s) of your immediate family. days authorized. The ‘‘maximum daily

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00074 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR Temporary Duty (TDY) Travel Allowances § 301–31.15

amount’’ is determined by adding the to occupy temporary living accom- rates in the following table for you and modations: each member of your family authorized

The ‘‘maximum daily amount’’ of per diem expenses that You or your unaccompanied Your accompanied spouse, If your agency authorizes spouse, domestic partner or domestic partner or a mem- A member of your family who other unaccompanied family ber of your family who is age is under age 12 may receive member may receive is 12 or older may receive is is

Payment of only lodging ex- The maximum lodging .75 times the maximum lodg- .5 times the maximum lodging penses. amount applicable to the lo- ing amount applicable to amount applicable to the locality. the locality. cality. Payment for lodging, meals, The maximum per diem rate .75 times the maximum per .5 times the maximum per and other per diem ex- applicable to the locality. diem rate applicable to the diem rate applicable to the penses. locality.. locality.

[FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998, as amended by FTR Amdt. 2010–06, 75 FR 67631, Nov. 3, 2010]

§ 301–31.11 May my agency pay me a § 301–31.14 May I receive a travel ad- per diem allowance instead of ac- vance for transportation and/or tual expenses? subsistence expenses? No. Yes, you may receive a travel advance under § 301–51.200 of this chapter § 301–31.12 Must I keep track of my ex- for up to a 30-day period at a time to penses? cover expenses allowable. Your travel Yes. You must keep track of your ac- advance may not exceed the maximum tual expenses as described in part 301– allowable amount authorized under 11 of this chapter. § 301–31.10, and you will be required to reimburse your agency for any portion [FTR Amdt. 70, 63 FR 15966, Apr. 1, 1998; 63 of the advance disallowed or not spent. FR 35538, June 30, 1998] § 301–31.15 What documentation must § 301–31.13 How long may my agency I provide for reimbursement? pay for subsistence expenses under You must provide receipts or any this part? other documentation required by your Your agency may pay for subsistence agency. However, in instances when expenses up to 60 days. However, your documentation might compromise the agency may pay for additional periods security of the individuals involved, if it determines that an extension is the head of the agency may waive justified. these requirements.

VerDate Mar<15>2010 13:51 Aug 01, 2012 Jkt 226183 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Y:\SGML\226183.XXX 226183 pmangrum on DSK3VPTVN1PROD with CFR