INTERNAL POLICY AND PROCEDURE REQUIREMENTS

• Citation: 41 CFR Part 301-70
• Sections: 29

§ 301-70.1 Administration of travel expense authorization and payment.

When administering travel expense authorization and payment, agencies—

(a) Must consider the need for travel and limit the authorization and payment of travel expenses to travel that is necessary to accomplish the mission in the most economical and effective manner, under rules stated throughout this chapter;

(b) Must ensure that travel is booked as far in advance as possible in order to capture the greatest transportation and lodging savings; for conference and training travel, book at least 30 days in advance when possible;

(c) Should consider the most cost effective routing and means of accomplishing travel;

(d) Should consider the employee's travel plans, including plans to take leave in conjunction with official travel;

(e) Should give consideration to budget constraints, adherence to travel policies, and reasonableness of expenses;

(f) Should always consider alternatives to travel, including teleconferencing, prior to authorizing travel; and

(g) Must require employees to use the ETS to process travel authorizations and claims for travel expenses, unless an exception has been granted under § 301-50.2 of this chapter.

§ 301-70.100 Administration of transportation expense authorization and payment.

Agencies must—

(a) Limit authorization and payment of transportation expenses to those expenses that result in the greatest advantage to the Government; and

(b) Ensure that travel is by the most expeditious means practicable.

§ 301-70.101 Considering which method of transportation to authorize.

In selecting a particular method of transportation agencies must consider the following:

(a) The total cost to the Government, including per diem, overtime, lost worktime, actual transportation cost, total distance of travel, number of points visited, and the number of travelers, and any other relevant costs (see 5 U.S.C. 5733).

(b) A determination that another method of transportation is more advantageous to the Government will not be made on the basis of personal preference or inconvenience to the traveler.

(c) When authorizing use of a privately owned vehicle (POV), agencies are reminded that they cannot mandate employees to use their POV for official reasons; the employee must agree to it.

§ 301-70.102 Establishing governing policies for transportation expense authorization and payment.

Agencies must establish policies and procedures governing—

(a) Who will determine what method of transportation is more advantageous to the Government;

(b) Who will approve any of the following:

(1) Use of other than coach class accommodations under § 301-10.100 of this chapter;

(2) Use of a special-reduced fare or reduced group or charter fare;

(3) Use of an extra-fare train service under § 301-10.160 of this chapter;

(4) Use of ship service;

(5) Use of a foreign ship; and

(6) Use of a foreign air carrier;

(c) When the agency will authorize use of a Government vehicle on TDY;

(d) When the agency considers the use of a POV advantageous to the Government, such as travel to and from common carrier terminals or to the TDY location. When determining whether the use of a POV to a TDY location is the most advantageous method of transportation, the agency must consider the total cost of using a POV as compared to the total cost of using a rental vehicle, including rental costs, fuel, taxes, parking (at a common carrier terminal—not to exceed the cost of taxi or transportation network company fare, etc.), and any other relevant costs;

(e) Procedures for claiming POV reimbursement;

(f) Procedures for allowing the use of a special conveyance ( e.g., taxis, TNCs, innovative mobility technology companies, or commercially rented vehicles), taking into account the requirements of § 301-10.450 of this chapter;

(g) What procedures employees must follow when they travel by an indirect route or interrupt travel by a direct route;

(h) Whether to reimburse the full amount of transportation costs and in conjunction with TDY or only the amount by which transportation costs exceed the employee's normal costs for transportation between:

(1) Office or duty point and another place of business;

(2) Places of business; and

(3) Residence and place of business other than office or duty point; and

(i) Develop and issue internal guidance on what specific mission criteria justify use of other than coach class under § 301-10.100(k) of this chapter and the use of other than the least expensive compact car available under § 301-10.450(c) of this chapter. The justification criteria shall be noted on the traveler's authorization.

§ 301-70.103 Prohibition on preventing POV use.

Agencies may not prohibit an employee from using a POV on official travel, but if the employee elects to use a POV instead of the authorized method of transportation, agencies must limit reimbursement to the constructive cost of the authorized method of transportation (see § 301-10.305 of this chapter) and charge leave for any duty hours that are missed as a result of travel by POV.

§ 301-70.200 Governing policies for subsistence expenses authorization and payment.

Agencies must establish policies and procedures governing—

(a) Who will authorize a rest period;

(b) Circumstances allowing a rest period during prolonged travel (see § 301-11.12 of this chapter for minimum standards);

(c) What constitutes a rest period upon arrival at a temporary duty location;

(d) If, and in what instances, the agency will allow an employee to return to the official station on non-workdays;

(e) Who will determine if an employee will be allowed to return to the official station on a case-by-case basis;

(f) Who will determine in what instances the agency will pay a reduced per diem rate;

(g) Who will determine, and in what instances, to issue a blanket actual expense authorization under § 301-70.201;

(h) What circumstances necessitate the extension of a blanket actual expense authorization under § 301-70.201; and

(i) Who may submit requests for per diem rate reviews on behalf of the agency.

§ 301-70.201 Blanket actual expense authorization during Presidentially-Declared Disasters.

Agencies may issue a blanket authorization for their employees to be reimbursed their actual expenses up to 300 percent of the per diem rate when assigned to perform TDY travel in an area subject to a Presidentially-Declared Disaster. These authorizations must apply to a specific Declaration, and will expire one year from the date the Declaration is issued unless an agency head or their designee extends the blanket authorization based on a determination of necessity. A blanket authorization issued under this section shall not apply to any travel performed pursuant to chapter 302 of this subtitle.

§ 301-70.202 Process for requesting a per diem rate review.

If agency travelers frequent a location where the per diem rate is insufficient to meet necessary expenses, the agency senior travel official or other employee authorized in accordance with § 301-70.200(i) may submit a request, containing pertinent cost data, asking that the location be reviewed. Depending on the location in question the review request may be submitted to:

Table 1 to § 301-70.202

For CONUS locations

For non-foreign OCONUS area locations

For foreign area locations

General Services Administration, Office of Government-wide Policy, [email protected]

Department of Defense, Defense Travel Management Office, dodhra.mc-alex.dtmo.mbx [email protected]

Department of State, Office of Allowances, [email protected] .

§ 301-70.300 Governing policies for payment of miscellaneous expenses.

Agencies must establish policies and procedures governing who will determine what types of miscellaneous expenses are appropriate for reimbursement in connection with official travel. Agencies are reminded that payment of miscellaneous expenses should be limited to only those expenses that are necessary and in the interest of the Government.

§ 301-70.500 Governing policies and procedures for employee emergency travel.

Each agency must establish policies and procedures to determine—

(a) When the agency will authorize employee emergency travel under part 301-30 of this chapter;

(b) Who will determine if an employee's situation warrants payment for emergency travel expenses;

(c) When and by whom travel to an alternate location other than the official station or point of interruption will be authorized; and

(d) Who will determine when and if the definition of immediate family may be extended and to whom.

§ 301-70.501 Status of existing travel authorization after personal emergency or incapacitating illness or injury.

The agency should not continue using the existing travel authorization if the interrupted trip was authorized under a trip-by-trip authorization. If, when the employee's health has been restored, the agency decides that it is in the Government's interest to return the employee to the TDY location, such return is considered to be a new travel assignment at Government expense. An interrupted trip authorized under an open or limited open authorization may be continued without further authorization.

§ 301-70.502 Reimbursement for travel to an alternate location for medical treatment.

(a) When an employee interrupts a TDY assignment because of incapacitating illness or injury and takes leave of absence for travel to an alternate location to obtain medical services and returns to the TDY assignment, the agency may reimburse certain excess travel costs provided in this section. Specifically, the agency may reimburse the excess (if any) of actual costs of travel costs from the point of interruption to the alternate location and return to the TDY assignment, over the constructive costs of round-trip travel between the official station and the alternate location.

(b) An alternate location is a destination other than the employee's official station or the point of interruption. The nearest hospital or medical facility capable of treating the employee's illness will not, however, be considered an alternate location.

§ 301-70.503 Defining actual cost and constructive cost for travel interruption due to incapacitating illness or injury.

(a) Actual cost of travel will be the transportation expenses incurred and en route per diem expenses for the travel as actually performed from the point of interruption to the alternate location and from the alternate location to the TDY assignment. No per diem expenses are allowed for time spent at the alternate location if confined to a medical facility.

(b) Constructive cost is the sum of travel and transportation expenses the employee would reasonably have incurred for round-trip travel between the official station and the alternate location plus per diem expenses calculated for the appropriate en route travel time. The calculation will necessarily involve assumptions. Examples of related expenses that could be considered constructive costs include, but are not limited to, taxi and TNC fares, baggage fees, rental car costs, tolls, ferry fees, and parking charges.

§ 301-70.504 Reimbursement if an employee discontinues a TDY assignment because of a personal emergency situation.

The agency, with the approval of an appropriate agency official, may authorize reimbursement of appropriate transportation and per diem expenses while en route for return travel from the point of interruption to the official station.

§ 301-70.505 Reimbursement if an employee travels to an alternate location and returns to the TDY location because of a personal emergency situation.

The agency may reimburse certain excess travel costs (transportation and en route per diem expenses) to the same extent as provided in § 301-30.3(a) of this chapter for incapacitating illness or injury to the employee.

§ 301-70.506 Factors for expanding the “immediate family” definition for emergency travel purposes.

Agencies must consider on a case-by-case basis:

(a) The extent of the emergency;

(b) The employee's relationship to the individual involved in the emergency; and

(c) The degree of the employee's responsibility for the individual involved in the emergency.

§ 301-70.600 Governing policies for threatened law enforcement/investigative employees.

Agencies must establish policies and procedures governing:

(a) When the agency will pay transportation and subsistence expenses of threatened law enforcement/investigative employees, under part 301-31 of this chapter;

(b) Who will determine the degree, legitimacy, and seriousness of threat to life in each individual case;

(c) Who will determine what protective action should be taken, including the location and duration of temporary lodging and whether relocating the employee permanently would be advantageous;

(d) Who will reevaluate the situation to determine whether protective action should be continued or discontinued and how often;

(e) What procedures must be followed to obtain authorization of transportation and subsistence expenses for threatened law enforcement/investigative employees; and

(f) What special procedures must an employee follow to claim expenses.

§ 301-70.601 Reevaluation of transportation and subsistence expenses.

Agencies must reevaluate the payment of transportation and subsistence expenses to threatened law enforcement/investigative employees every 30 days based on the same factors the agency considered when the agency first authorized the payment of the expenses.

§ 301-70.800 Ensuring that travel on Government aircraft is the most cost-effective alternative.

(a) Agencies must ensure that travel on a Government aircraft is the most cost-effective alternative that will meet the travel requirement. The designated travel approving official must—

(1) Compare the cost of all travel alternatives, as applicable, that is—

(i) Travel on a scheduled commercial airline;

(ii) Travel on a Federal aircraft;

(iii) Travel on a Government aircraft hired as a commercial aviation service (CAS); and

(iv) Travel by other available modes of transportation; and

(2) Approve only the most cost-effective alternative that meets the agency's needs.

(3) Consider the cost of non-productive or lost work time while in travel status and certain other costs when comparing the costs of using Government aircraft in lieu of scheduled commercial airline service and other available modes of transportation.

(b) The aircraft management office in the agency that owns or hires the Government aircraft must provide the employee's designated travel-approving official with cost estimates for a Government aircraft trip ( i.e., a Federal aircraft trip cost or a CAS aircraft trip cost).

(c) When an agency operates a Government aircraft to fulfill a non-travel related governmental function or for required use travel, using any space available for passengers on official travel is presumed to result in cost savings.

§ 301-70.801 Documentation retention.

Agencies must retain all travel authorizations and cost-comparisons for travel on Government aircraft for two years.

§ 301-70.802 Inapplicability to travel by the President and Vice President.

The rules in this part and §§ 301-10.260 through 301-10.265 of this chapter do not apply to travel on Government aircraft by the President and Vice President or by individuals traveling in support of the President and Vice President.

§ 301-70.900 Use of Government aircraft for passenger transport.

Agencies may use Government aircraft, i.e., aircraft that the agency owns, borrows, operates as a bailed aircraft, or hires as a CAS, to carry Federal and non-Federal travelers, but only in accordance with the rules in part 102 of this title and regulations in this part.

§ 301-70.901 Approval for Government aircraft passenger transport.

The agency head or their designee must approve use of the agency's Government aircraft for travel, i.e., for carrying passengers and any crewmembers or qualified non-crewmembers who are also traveling. This approval must be in writing and may be for recurring travel.

§ 301-70.902 Special responsibilities for space available travel.

Except for travel authorized under 10 U.S.C. 2648, the agency must certify in writing before carrying passengers on a space available basis on the agency's Government aircraft that the aircraft is scheduled to perform a bona fide governmental function. Bona fide governmental functions may include support for official travel. The agency must also certify that carrying a passenger in space available does not cause the need for a larger aircraft and does not result in more than minor additional cost to the Government. The agency's aircraft management office must retain this certification for two years. In an emergency situation, prior verbal approval with an after-the-fact written certification is permitted.

§ 301-70.903 Responsibilities for ensuring cost-effectiveness of Government aircraft travel.

To ensure Government aircraft are the most cost-effective alternative for travel, the agency's aircraft management office must calculate the cost of a trip on the Government aircraft, whether Federal aircraft Federal or CAS aircraft, and submit that information to the traveler's designated travel-approving official upon request. The designated travel-approving official must use that information to compare the cost of using Government aircraft with the cost of scheduled commercial airline service and the cost of using other available modes of transportation. When the agency operates a Government aircraft to fulfill a non-travel related governmental function or for required use travel, using any space available for passengers on official travel is presumed to result in cost savings.

§ 301-70.904 Travel authorization requirement for Government aircraft passengers.

Every traveler on one of the agency's Government aircraft must have a written travel authorization from an authorizing executive agency, and they must present that authorization, before the flight, to the aircraft management office or its representative in the organization that owns or hires the Government aircraft. In addition to all passengers, those crewmembers and qualified non-crewmembers on a flight in which they are also traveling ( i.e., being transported from point to point) are considered travelers and must also be authorized to travel on Government aircraft.

§ 301-70.905 Documentation retention.

(a) Agencies must retain for two years copies of travel authorizations for senior Federal officials and non-Federal travelers who travel on the agency's Government aircraft.

(b) Agencies must also retain for two years the following information for each flight:

(1) The tail number of the Government aircraft used.

(2) The dates used for travel.

(3) The name(s) of pilot(s), other crewmembers, and qualified non-crewmembers.

(4) The purpose(s) of the flight.

(5) The route(s) flown.

(6) The names of all passengers.

§ 301-70.906 Reporting requirements for Government aircraft travel.

(a) Except when trips are classified, agencies that own or hire Government aircraft must report to the General Services Administration (GSA), Office of Government-wide Policy, all uses of the agency's aircraft for travel by any senior Federal official or non-Federal traveler, by using the electronic reporting tool found at https://www.travel.reporting.gov/TRAVEL/s/login/, unless travel is authorized under 10 U.S.C. 2648.

(b) Reports are due on a semi-annual basis. The reporting periods are October 1 through March 31 and April 1 through September 30 of each fiscal year. A report is due to GSA not later than 30 calendar days after the close of each reporting period and must contain the following information:

(1) The person's name with an indication that the traveler is either a senior Federal official or a non-Federal traveler, whichever is appropriate.

(2) The traveler's organization and title or other appropriate descriptive information, e.g., dependent, press, etc.

(3) Name of the authorizing agency.

(4) The official purposes of the trip.

(5) The destination(s).

(6) For personal or political travel, the amount that the traveler must reimburse the Government ( i.e., the full coach fare or appropriate share of that fare).

(7) For official travel, the comparable City Pair fare (if available to the traveler) or the full coach fare if the City Pair fare is not available.

(8) The cost to the Government to carry this person ( i.e., the appropriate allocated share of the Federal or CAS aircraft trip costs).

Note 1 to paragraph (b):

Most of the information required by paragraphs (b)(1) through (7) of this section can be found on the traveler's travel authorization.

(c) The aircraft management office must provide the information about crewmembers and qualified non-crewmembers required by paragraph (b)(2) of this section as well as the information required by paragraph (b)(8) of this section.

§ 301-70.907 Disclosure information for Government aircraft passengers.

Agencies must give each person aboard their aircraft a copy of the following disclosure statement:

Disclosure for Persons Flying Aboard Federal Government Aircraft

Note: The disclosure contained herein is not all-inclusive. Employees should contact the sponsoring agency for further assistance.

Generally, an aircraft used exclusively for the U.S. Government may be considered a 'public aircraft' as defined in 49 U.S.C. 40102 and 40125, unless it is transporting passengers or operating for commercial purposes. A public aircraft is not subject to many Federal aviation regulations, including requirements relating to aircraft certification, maintenance, and pilot certification. If a U.S. Government agency transports passengers on a Government aircraft, that agency must comply with all Federal aviation regulations applicable to civil aircraft. If you have questions about the status of a particular flight, you should contact the agency sponsoring the flight.

You and your family have certain rights and benefits in the unlikely event you are injured or killed while riding aboard a Government aircraft. Federal employees and some private citizens are eligible for workers' compensation benefits under the Federal Employees' Compensation Act (FECA). When FECA applies, it is the sole remedy. For more information about FECA and its coverage, consult with your agency's benefits office or contact the Department of Labor's Office of Workers' Compensation Programs at https://www.dol.gov/agencies/owcp/FECA/contacts/fecacont. (These rules also apply to travel on other Government-owned or operated conveyances such as cars, vans, or buses.)

State or foreign laws may provide for product liability or “third party” causes of actions for personal injury or wrongful death. If you have questions about a particular case or believe you have a claim, you should consult with an attorney.

Some insurance policies may exclude coverage for injuries or death sustained while traveling aboard a Government or military aircraft or while within a combat area. You may wish to check your policy or consult with your insurance provider before your flight. The insurance available to Federal employees through the Federal Employees Group Life Insurance Program does not contain an exclusion of this type.

If you are the victim of an air disaster resulting from criminal activity, Victim and Witness Specialists from the Federal Bureau of Investigation (FBI) and/or the local U.S. Attorney's Office will keep you or your family informed about the status of the criminal investigation(s) and provide you or your family with information about rights and services, such as crisis intervention, counseling and emotional support. State crime victim compensation may be able to cover crime-related expenses, such as medical costs, mental health counseling, funeral and burial costs, and lost wages or loss of support. The Office for Victims of Crime (an agency of the Department of Justice) is authorized by the Antiterrorism Act of 1996 to provide emergency financial assistance to state programs, as well as the U.S. Attorney's Office, for the benefit of victims of terrorist acts or mass violence.

If you are a Federal employee:

1. If you are injured or killed on the job during the performance of duty—including while traveling aboard a Government aircraft or other government-owned or operated conveyance for business purposes, you and your family are eligible to collect workers' compensation benefits under FECA. You and your family may not file a personal injury or wrongful death suit against the United States or its employees. However, you may have cause of action against potentially liable third parties.

2. You or your qualifying family member must normally also choose between FECA disability or death benefits, and those payable under your retirement system (either the Civil Service Retirement System or the Federal Employees Retirement System). You may choose the benefit that is more favorable to you.

If you are a private citizen not employed by the Federal Government:

1. Even if you are not regularly employed by the Federal Government, if you are rendering personal service to the Federal Government on a voluntary basis or for nominal pay, you may be defined as a Federal employee for purposes of FECA. If that is the case, you and your family are eligible to receive workers' compensation benefits under FECA, but may not collect in a personal injury or wrongful death lawsuit against the United States or its employees. You and your family may file suit against potentially liable third parties. Before you depart, you may wish to consult with the department or agency sponsoring the flight to clarify whether you are considered a Federal employee.

2. If there is a determination that you are not a Federal employee, you and your family will not be eligible to receive workman's compensation benefits under FECA. If you are traveling for business purposes, you may be eligible for workman's compensation benefits under state law. If the accident occurs within the United States, or its territories, its airspace, or over the high seas, you and your family may claim against the United States under the Federal Tort Claims Act or Suits in Admiralty Act. If you are killed aboard a military aircraft, your family may be eligible to receive compensation under the Military Claims Act, or if you are an inhabitant of a foreign country, under the Foreign Claims Act.