
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1116]
[Document affected by Public Law 107-107 Section 1116(e)]
[CITE: 5USC5702]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
           CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
 
    SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
 
Sec. 5702. Per diem; employees traveling on official business

    (a)(1) Under regulations prescribed pursuant to section 5707 of this 
title, an employee, when traveling on official business away from the 
employee's designated post of duty, or away from the employee's home or 
regular place of business (if the employee is described in section 5703 
of this title), is entitled to any one of the following:
        (A) a per diem allowance at a rate not to exceed that 
    established by the Administrator of General Services for travel 
    within the continental United States, and by the President or his 
    designee for travel outside the continental United States;
        (B) reimbursement for the actual and necessary expenses of 
    official travel not to exceed an amount established by the 
    Administrator for travel within the continental United States or an 
    amount established by the President or his designee for travel 
    outside the continental United States; or
        (C) a combination of payments described in subparagraphs (A) and 
    (B) of this paragraph.

    (2) Any per diem allowance or maximum amount of reimbursement shall 
be established, to the extent feasible, by locality.
    (3) For travel consuming less than a full day, the payment 
prescribed by regulation shall be allocated in such manner as the 
Administrator may prescribe.
    (b)(1) Under regulations prescribed pursuant to section 5707 of this 
title, an employee who is described in subsection (a) of this section 
and who abandons the travel assignment prior to its completion--
        (A) because of an incapacitating illness or injury which is not 
    due to the employee's own misconduct is entitled to reimbursement 
    for expenses of transportation to the employee's designated post of 
    duty, or home or regular place of business, as the case may be, and 
    to payments pursuant to subsection (a) of this section until that 
    location is reached; or
        (B) because of a personal emergency situation (such as serious 
    illness, injury, or death of a member of the employee's family, or 
    an emergency situation such as fire, flood, or act of God), may be 
    allowed, with the approval of an appropriate official of the agency 
    concerned, reimbursement for expenses of transportation to the 
    employee's designated post of duty, or home or regular place of 
    business, as the case may be, and payments pursuant to subsection 
    (a) of this section until that location is reached.

    (2)(A) Under regulations prescribed pursuant to section 5707 of this 
title, an employee who is described in subsection (a) of this section 
and who, with the approval of an appropriate official of the agency 
concerned, interrupts the travel assignment prior to its completion for 
a reason specified in subparagraph (A) or (B) of paragraph (1) of this 
subsection, may be allowed (subject to the limitation provided in 
subparagraph (B) of this paragraph)--
        (i) reimbursement for expenses of transportation to the location 
    where necessary medical services are provided or the emergency 
    situation exists,
        (ii) payments pursuant to subsection (a) of this section until 
    that location is reached, and
        (iii) such reimbursement and payments for return to such 
    assignment.

    (B) The reimbursement which an employee may be allowed pursuant to 
subparagraph (A) of this paragraph shall be the employee's actual costs 
of transportation to the location where necessary medical services are 
provided or the emergency exists, and return to assignment from such 
location, less the costs of transportation which the employee would have 
incurred had such travel begun and ended at the employee's designated 
post of duty, or home or regular place of business, as the case may be. 
The payments which an employee may be allowed pursuant to subparagraph 
(A) of this paragraph shall be based on the additional time (if any) 
which was required for the employee's transportation as a consequence of 
the transportation's having begun and ended at a location on the travel 
assignment (rather than at the employee's designated post of duty, or 
home or regular place of business, as the case may be).
    (3) Subject to the limitations contained in regulations prescribed 
pursuant to section 5707 of this title, an employee who is described in 
subsection (a) of this section and who interrupts the travel assignment 
prior to its completion because of an incapacitating illness or injury 
which is not due to the employee's own misconduct is entitled to 
payments pursuant to subsection (a) of this section at the location 
where the interruption occurred.
    (c) This section does not apply to a justice or judge, except to the 
extent provided by section 456 of title 28.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 498; Pub. L. 91-114, Sec. 1, 
Nov. 10, 1969, 83 Stat. 190; Pub. L. 94-22, Sec. 3, May 19, 1975, 89 
Stat. 84; Pub. L. 96-54, Sec. 2(a)(36), Aug. 14, 1979, 93 Stat. 383; 
Pub. L. 96-346, Sec. 1, Sept. 10, 1980, 94 Stat. 1148; Pub. L. 99-234, 
title I, Sec. 102, Jan. 2, 1986, 99 Stat. 1756; Pub. L. 102-378, 
Sec. 2(47), Oct. 2, 1992, 106 Stat. 1353.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 836.                 June 9, 1949, ch.
                                                    185, Sec.  3, 63
                                                    Stat. 166.
                     ............................  Apr. 26, 1950, ch.
                                                    108, 64 Stat. 89.
                     ............................  July 28, 1955, ch.
                                                    424, Sec.  1, 69
                                                    Stat. 393.
                     ............................  Aug. 14, 1961, Pub.
                                                    L. 87-139, Secs.  1,
                                                    8(a), 75 Stat. 339,
                                                    340.
------------------------------------------------------------------------

    In subsection (a), the term ``employee'' is substituted for 
``civilian officers and employees of the departments and 
establishments'' in view of the definition of ``employee'' in sections 
5701 and 2105. The words ``in lieu of their actual expenses for 
subsistence and all fees or tips to porters and stewards'' are omitted 
as unnecessary in view of the definition of ``per diem allowance'' in 
section 5701(4).
    In subsection (b), the words ``Under regulations prescribed under 
section 5707 of this title'' are substituted for ``in accordance with 
regulations promulgated and approved under sections 835-842 of this 
title''.
    In subsection (c), the words ``Under regulations prescribed under 
section 5707 of this title'' are substituted for ``in accordance with 
regulations promulgated by the Director, Bureau of the Budget, pursuant 
to section 840 of this title.''
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1992--Pub. L. 102-378 substituted ``employees'' for ``employee'' in 
section catchline.
    1986--Subsec. (a). Pub. L. 99-234, Sec. 102(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``Under 
regulations prescribed under section 5707 of this title, an employee 
while traveling on official business away from his designated post of 
duty, or in the case of an individual described under section 5703 of 
this title, his home or regular place of business, is entitled to (1) a 
per diem allowance for travel inside the continental United States at a 
rate not to exceed $50, and (2) a per diem allowance for travel outside 
the continental United States, that may not exceed the rate established 
by the President, or his designee, for each locality where travel is to 
be performed. For travel consuming less than a full day, such rate may 
be allocated proportionately.''
    Subsec. (b). Pub. L. 99-234, Sec. 102(a), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Under 
regulations prescribed under section 5707 of this title, an employee 
who, while traveling on official business away from his designated post 
of duty or, in the case of an individual described under section 5703 of 
this title, his home or regular place of business, becomes incapacitated 
by illness or injury not due to his own misconduct, is entitled to the 
per diem allowance and appropriate transportation expenses to his 
designated post of duty, or home or regular place of business, as the 
case may be.''
    Subsec. (c). Pub. L. 99-234, Sec. 102, redesignated subsec. (e) as 
(c) and struck out former subsec. (c) which read as follows: ``Under 
regulations prescribed under section 5707 of this title, the 
Administrator of General Services, or his designee, may prescribe 
conditions under which an employee may be reimbursed for the actual and 
necessary expenses of official travel when the maximum per diem 
allowance would be less than these expenses, except that such 
reimbursement shall not exceed $75 for each day in a travel status 
within the continental United States when the per diem otherwise 
allowable is determined to be inadequate (1) due to the unusual 
circumstances of the travel assignment, or (2) for travel to high rate 
geographical areas designated as such in regulations prescribed under 
section 5707 of this title.''
    Subsec. (d). Pub. L. 99-234, Sec. 102(a), struck out subsec. (d) 
which read as follows: ``Under regulations prescribed under section 5707 
of this title, for travel outside the continental United States, the 
Administrator of General Services or his designee, may prescribe 
conditions under which an employee may be reimbursed for the actual and 
necessary expenses of official travel when the per diem allowance would 
be less than these expenses, except that such reimbursement shall not 
exceed $33 for each day in a travel status outside the continental 
United States plus the locality per diem rate prescribed for such 
travel.''
    Subsec. (e). Pub. L. 99-234, Sec. 102(b), redesignated subsec. (e) 
as (c).
    1980--Subsec. (a). Pub. L. 96-346, Sec. 1(1), increased to $50 from 
$35 the maximum per diem allowance for travel inside the continental 
United States.
    Subsec. (c). Pub. L. 96-346, Sec. 1(2), increased to $75 from $50 
the maximum reimbursement for actual and necessary expenses for travel 
within the continental United States.
    Subsec. (d). Pub. L. 96-346, Sec. 1(3), increased to $33 from $21 
the maximum reimbursement for travel outside the continental United 
States.
    1979--Subsec. (c). Pub. L. 96-54 substituted ``(1)'' for ``(A)'' and 
``(2)'' for ``(B)''.
    1975--Subsec. (a). Pub. L. 94-22 substituted provision relating to 
determination of per diem allowance under regulations prescribed under 
section 5707 for provision allowing for such determination by agency 
concerned, inserted provisions relating to an individual described under 
section 5703 and to proportionate allocation of rates for travel 
consuming less than a full day, struck out provision relating to 
Director of Bureau of Budget or another officer of Government of the 
United States as persons who may be designees, and raised maximum 
allowance from $25 to $35.
    Subsec. (b). Pub. L. 94-22 inserted provision relating to an 
individual described under section 5703, inserted ``appropriate'' before 
``transportation'', and ``or home or regular place of business, as the 
case may be.'' after ``expenses to his designated post of duty''.
    Subsec. (c). Pub. L. 94-22 substituted the Administrator of General 
Services, or his designee, for the head of the agency concerned, as the 
party who may prescribe conditions for reimbursement for actual and 
necessary expenses, raised from $40 to $50 the maximum reimbursement for 
travel within the continental United States when the rate otherwise 
allowable is inadequate due to unusual circumstances or due to travel to 
areas designated as high rate areas, and struck out a provision, now 
covered by subsec. (d), for a maximum allowance per day for travel 
outside the continental United States.
    Subsecs. (d), (e). Pub. L. 94-22 transferred from subsec. (c) to (d) 
provisions for reimbursement for actual and necessary expenses for 
travel outside the continental United States and raised from $18 to $21 
the maximum reimbursement for such expenses, and redesignated former 
subsec. (d) as (e).
    1969--Subsec. (a). Pub. L. 91-114 increased the per diem allowance 
for travel inside the continental United States from not to exceed the 
rate of $16 to not to exceed the rate of $25.
    Subsec. (c). Pub. L. 91-114 in cl. (1) increased the amount 
authorized to be named in the travel authorization for each day in a 
travel status inside the continental United States from not to exceed 
$30 to not to exceed $40, and in cl. (2) increased the amount authorized 
to be named in the travel authorization for each day in a travel status 
outside the continental United States from not to exceed the maximum per 
diem allowance plus $10 to not to exceed the maximum per diem allowance 
plus $18.


                    Effective Date of 1986 Amendment

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


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.

                         Delegation of Functions

    Authority of President under subsec. (a) of this section to 
establish maximum rates of per diem allowances to extent that such 
authority pertains to travel status of employees while enroute to, from, 
or between localities situated outside 48 contiguous States of United 
States and District of Columbia delegated to Administrator of General 
Services, see section 1(2) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 
13747, set out as a note under section 301 of Title 3, The President.
    Authority of President under subsec. (a) of this section to 
establish maximum rates of per diem allowances and reimbursements for 
actual and necessary expenses of official travel for employees of 
Government to extent that such authority pertains to travel status in 
localities in Alaska, Hawaii, the Commonwealth of Puerto Rico, and 
possessions of United States delegated to Secretary of Defense, see 
section 1(h) of Ex. Ord. No. 10621, set out as a note under section 301 
of Title 3.


                    Cost Savings for Official Travel

    Pub. L. 103-355, title VI, Sec. 6008, Oct. 13, 1994, 108 Stat. 3367, 
provided that:
    ``(a) Guidelines.--The Administrator of the General Services 
Administration shall issue guidelines to ensure that agencies promote, 
encourage, and facilitate the use of frequent traveler programs offered 
by airlines, hotels, and car rental vendors by Federal employees who 
engage in official air travel, for the purpose of realizing to the 
maximum extent practicable cost savings for official travel.
    ``(b) Requirement.--Any awards granted under such a frequent 
traveler program accrued through official travel shall be used only for 
official travel.
    ``(c) Report.--Not later than one year after the date of the 
enactment of this Act [Oct. 13, 1994], the Administrator shall report to 
Congress on efforts to promote the use of frequent traveler programs by 
Federal employees.''


   Reports to Congress of Per Diem and Mileage Allowance Payments for 
          Fiscal Years 1979 Through 1981; Rules and Regulations

    Section 3 of Pub. L. 96-346, for fiscal years 1979 to 1981, directed 
the Administrator of General Services to collect by fiscal year 
information with respect to agencies spending more than $5,000,000 
annually on transportation of people, identifying general causes and 
purposes of travel and estimates of total payments, average cost and 
duration of trip, and identifying by specific agency of travel practices 
which appear to be inefficient and recommendations to Congress on the 
applicability of alternatives to travel as well as other techniques to 
improve use of travel in carrying out program objectives relating travel 
to mission.

 Ex. Ord. No. 12561. Delegation of Functions Relating to Travel Outside 
                        Continental United States

    Ex. Ord. No. 12561, July 1, 1986, 51 F.R. 24299, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including Section 102(a) of the 
Federal Civilian Employee and Contractor Travel Expenses Act of 1985 
(Public Law 99-234) (``the Act'') [amending this section] and Section 
301 of Title 3 of the United States Code, it is ordered as follows:
    Section 1. Section 1 of Executive Order No. 10621 of July 1, 1955, 
as amended [3 U.S.C. 301 note], is further amended by redesignating the 
current subsection (i) as subsection (g); by revoking the current 
subsection (o); and by adding the following new subsection (h):
    ``(h) The authority vested in the President by Section 102(a) of the 
Federal Civilian Employee and Contractor Travel Expenses Act of 1985, 5 
U.S.C. 5702(a), to establish maximum rates of per diem allowances and 
reimbursements for the actual and necessary expenses of official travel 
for employees of the Government to the extent that such authority 
pertains to travel status in localities in Alaska, Hawaii, the 
Commonwealth of Puerto Rico, and possessions of the United States.''
    Sec. 2. There is hereby delegated to the Secretary of State the 
authority vested in the President by Section 102(a) of the Act (5 U.S.C. 
5702(a)) to establish maximum rates of per diem allowances and 
reimbursements for the actual and necessary expenses of official travel 
for employees of the Government to the extent that such authority 
pertains to travel status in localities (including the Trust Territories 
of the Pacific Islands) in any area situated outside the United States, 
the Commonwealth of Puerto Rico, and possessions of the United States.
    Sec. 3. Executive Order No. 11294 of August 4, 1966, is revoked.
                                                          Ronald Reagan.

                  Section Referred to in Other Sections

    This section is referred to in sections 5569, 5707, 5724a, 8474 of 
this title; title 2 sections 476, 1723; title 7 sections 3128, 5843; 
title 12 section 1834a; title 15 sections 1341, 4603; title 16 sections 
971a, 971b, 2443, 3608, 3641, 5608, 5709; title 18 section 4285; title 
21 section 1544; title 22 sections 1474, 2396, 2704; title 24 section 
415; title 25 sections 3006, 3505; title 26 section 4941; title 28 
sections 456, 604, 1821; title 31 section 326; title 33 section 2732; 
title 36 sections 2101, 152403; title 38 section 111; title 42 sections 
1873, 2210, 2477, 7238, 10163, 10265, 11221, 13458, 14195.
