August 9, 2019

Government-Sponsored Travel Rules for the Executive Branch

By Caralyn Esser and Craig Holman

Read the .PDF of Government-Sponsored Travel Rules for the Executive Branch

Executive employees who travel on official government business financed by government sources are participating in “official travel.” (“Officially-connected travel” is when employees travel on officially-related business funded by private sources.)

Official Travel Authority[i]

In the executive branch, official travel, including use of government property (41 C.F.R.), use of government vehicles (31 U.S.C. §1344), and gifts of travel from non-federal entities (31 U.S.C. §1353), is administered by the General Services Administration (GSA) and the Office of Government Ethics (OGE). Specifically, the OGE oversees ethics and agency §1353 reports for official travel. The Department of Justice (DOJ), U.S. Attorneys’ Offices, and agency Inspectors General also have enforcement authority. Additionally, individual executive agencies may have their own statutory authority and supplemental regulations.

Official Travel Expenses[ii]

In general, employees must acquire advance agency authorization for official travel expenses. (The approval may be written or electronic.) If advance authorization is not possible or practical, employees may still receive specific approval after the trip. However, advance written or electronic authorization is required for reduced group or charter rates, reduced per diem rates, reimbursement from non-federal sources, and reimbursement for conference-related expenses.[iii]

The agency may only cover the cost of essential expenses for official business, such as transportation, per diem, miscellaneous, and special-needs expenses.[iv] When it comes to incurring official travel expenses, the standard of care for executive employees traveling on official business should be equivalent to the standard of care for prudent people traveling on personal business.[v] Employees are responsible for the travel expenses over the reimbursement limits, such as delays, circuitous routes, luxury lodgings, or services unnecessary or unjustified in the performance of official business.[vi]

Employees must receive advance authorization or specific approval for:

First-class or business-class common carrier tickets.
Extra-fare train tickets.
Foreign aircraft travel.
Government aircraft travel.
Travel by ship.
Travel by rental car.
Cash payments for common carriers.
Any payments for actual expenses.
Foreign travel expenses.
Emergency travel expenses.
Transportation expenses for threatened law enforcement and investigative employees and their families.
Reduced group or charter rates.
Reduced per diem rates.
Reimbursement from non-federal sources for travel expenses.
Reimbursement for conference-related expenses.
Payment of full meals and incidental expense rates due to an employee’s medical requirements or religious beliefs if a meal(s) is furnished by the Government or is included in the registration fee.[vii]

Transportation Expenses[viii]

On local as well as other official travel,[ix] employees may receive reimbursement for transportation expenses such as fares, rental fees, and mileage payments.[x] The agency may authorize transportation by common carrier (airline, train, bus, ship, or local transit system), government vehicle, privately-owned vehicle, or special vehicle (taxi or commercial automobile).[xi]

When considering transportation, the agency chooses the fastest practical option commensurate with the nature and purpose of the official business. It also calculates energy conservation, total cost (actual transportation costs, per diem costs, overtime expenses, and lost time from work), total distance, number of stops, and number of travelers.[xii] The agency assumes that common carriers and government automobiles (when employees must travel by car) are the most advantageous, so employees should travel by common carrier when reasonably available.[xiii] Employees who do not travel by the transport required by regulation or chosen by the agency are responsible for any additional expenses.[xiv]

Unless the agency approves a different route as officially necessary, employees must travel by the usual route.[xv] Employees who travel by an indirect route or interrupt a direct route for personal convenience may receive reimbursement equivalent to the cost of traveling by the direct, uninterrupted route and personally pay for any additional expenses.[xvi]

Airlines: Contract City-Pair Fares

In general, civilian employees of executive agencies must always use contract city-pair fares for official airline travel.[xvii] However, employees may never use a contract carrier for personal travel.[xviii] The GSA posts a list of contract city-pair fares at https://cpsearch.fas.gsa.gov/cpsearch/search.do. Employees who know that they need to change or cancel their reservations must take action and report the changes according to the policy of their agency or cover the cost of the losses.[xix] Employees must also cover the additional costs and penalties of choosing a non-contract carrier without authorization.[xx]

In order to approve a non-contract carrier, the agency must conclude that the non-contract carrier is practical and cost-effective (not that the employee prefers one carrier over another).[xxi] The agency may authorize non-contract-city-pair fares when:

Contract carrier seats are not available.
Flying by contract carrier requires employees to incur overnight lodging expenses and increase the total cost of the trip.
Flying by contract carrier requires employees to fly outside of normal work hours (only if this is against explicit agency/department policy).
A non-contract carrier offers a lower fare than a contract carrier to the general public, which lowers the total cost of the trip. Employees may not choose the non-contract option when the contract fare is equal to the non-contract fare, or when the non-contract fare is offered only to travelers on official government and military business and may be purchased only with a contractor-issued charge card, centrally-billed account (YDG, MDG, QDG, VDG, etc.), or Government Travel Regulation (GTR).
A rail service offers a cost-effective, acceptable, and available alternative.
The contract carrier contains a smoking section, and it is unacceptable for the employee to sit in the nonsmoking section.
Employees are traveling in a group of 10 or more on the same day, flight, and for the same mission requiring group integrity and identified as a group by the travel management. In this case, the agency must choose a practical and cost-effective aircraft service[xxii] according to the requirements of Office of Management and Budget (OMB) Circular A-126 and 41 CFR, Part 101-37. One option is the reduced group or charter fare. Chartered aircraft are subject to the same rules as government aircraft (see “Government Aircraft”).[xxiii]

Some executive employees may not choose the contract city-pair option. Employees of the Government of the District of Columbia, except the District of Columbia Courts, are not eligible for contract city-pair fares (even though these D.C. Government employees may be covered by the Federal Travel Regulation).[xxiv] Additionally, contractors are not approved for contract city-pair fares under their contracts.[xxv] Before an employee can purchase non-contract fare, they must show approval on their travel authorizations, reasonably believe that they will take the travel based on their plan for the trip (if the fare is non-refundable, restricted, or contains certain eligibility requirements), and their agency must determine that the proposed non-contract transportation is practical and cost effective for the Government.[xxvi]

When given a choice, employees should always choose the cheaper fare. For example, if the contract city-pair carrier offers both unrestricted coach class contract fare (YCA) and lower-cost capacity-controlled coach class contract fare (MCA, QCA, VCA, etc.), employees should choose the lower-cost fare when it is acceptable and available.[xxvii] Additionally, if contract carrier service is not available, and two non-contract carriers offer the same service at different prices, employees must choose the lower-cost service unless the agency concludes that the higher-cost service is more advantageous.[xxviii]

In the executive branch, most official travel fares are agency property. Employees must submit unused Government Transportation Requests (GTR), unused tickets, unused e-tickets, and refund applications to the agency according to its procedures.[xxix] (Employees must make sure that the carrier names the Treasurer of the United States as payee).[xxx] Additionally, employees may not receive refunds, credits, or other compensation for tickets issued in exchange for GTRs or billed to the agency’s centrally-billed account; however, employees may receive charges billed to their individually-billed government charge cards as credits to their accounts.[xxxi] The exception to the rule is compensation for volunteering to vacate one’s seat. Employees may accept compensation for voluntarily vacating their seats if it does not interfere with their official responsibilities, if they pay the additional travel expenses, and if they take annual leave for additional travel time during duty hours.[xxxii]

Airlines: Coach Class Flights

In general, employees must fly coach class at government expense on both local and international official travel.[xxxiii] However, employees may upgrade to first class or business class at personal expense, including by using their frequent flyer miles.[xxxiv] Employees may only fly first or business class at government expense with the specific authorization of the agency. The agency may approve first class accommodations when:

Coach and business class accommodations are not “reasonably available.” This means that no coach or business class accommodations are scheduled within 24 hours of the employees’ arrival or departure.
Employees have a disability or other special need for first-class travel. The special need must be confirmed in writing by a competent medical authority according to the procedures of the agency (See “Special-Needs Expenses”). Note that if the agency approves a first-class flight for an employee who requires an attendant en route, it may also approve a first-class flight for the attendant.
Exceptional security circumstances require first-class airline accommodations.
Not flying first class would risk employees’ lives or government property.
Agents must protect a person flying first class.
Couriers or control officers must carry a controlled pouch or package.
A first-class flight is an agency mission requirement.[xxxv]

Additionally, the agency may approve business class accommodations for the reasons above, as well as when:

Coach class accommodations are not available, even with connections. In this case, employees should state that the airline offers only other than coach-class accommodations on the travel voucher.
Employees have a disability or other special need for business-class travel.
Exceptional security circumstances require business-class airline accommodations.
Coach class accommodations on an authorized foreign flight do not adhere to adequate standards of health or sanitation.
Flying business class cuts total cost by circumventing additional subsistence costs, overtime, or lost productive time while awaiting coach-class accommodations.
Flying business class is fully financed by a non-federal source in compliance with Federal Travel Regulation, Chapter 304.
The departure and/or destination are outside of the continental United States (CONUS), and the scheduled flight time is longer than 14 hours, including connections and plane changes. However, if employees fly business class under this exception, they are not eligible for a rest stop en route or a rest period after arriving at the duty site.
No space is available in coach-class accommodations in time to accomplish the mission, which is urgent and cannot be postponed.
A business-class flight is an agency mission requirement.^[xxxvi]

Airlines: U.S. Flag Air Carriers

In general, the Fly America Act (49 U.S.C. 40118) mandates that employees use U.S. flag air carrier service for all air travel financed by the U.S. government.[xxxvii] U.S. flag air carrier service is offered on air carriers certified under 49 U.S.C. 41102 and authorized by either the carrier’s certificate or the government’s regulations and exemptions.[xxxviii] U.S. flag carrier service does not include service on foreign carriers with operating permits.[xxxix] However, it incorporates service under code share agreements with foreign carriers when the tickets contain the designator codes and flight numbers of U.S. flag carriers in accordance with the Code of Federal Regulations (Title 14).[xl]

Additionally, the Fly America Act makes employees use U.S. flag carriers for most foreign travel. For direct flights between the United States and a foreign country, employees must use U.S. flag carriers unless they increase their travel time by at least 24 hours, including delay at departure.[xli] For indirect flights between the United States and a foreign country, as well as flights between foreign countries, employees must use U.S. flag carriers unless they increase the number of overseas aircraft changes by at least 2, hours of overseas connections by at least 4, or hours of travel by at least 6.[xlii] [xliii]

However, there are exceptions to the rules. Although employees may not use foreign carriers when they are simply cheaper[xliv] or more convenient,[xlv] employees may use foreign carriers when:

Flying by foreign carrier is a “matter of necessity.” This means that a U.S. flag carrier is available, but it cannot provide the transportation or accomplish the mission. For example, a U.S. flag carrier may not have the correct class of ticket. Additionally, the agency may conclude that a foreign carrier can reduce the travel time for someone seeking medical attention. Finally, the agency may approve a foreign air carrier to avoid an unreasonable safety risk, such as a terrorist threat. In this case, the agency must provide case-by-case, written authorization supported by either a travel advisory notice from the Federal Aviation Administration and Department of State or evidence of the threats against the travelers.[xlvi]
Travel is provided under an air transportation agreement between the United States and a foreign government. The Department of Transportation must determine that the travel follows the Fly America Act.
Travel is paid for with appropriated funds from the Department of State, United States Information Agency, United States International Development Cooperation Agency, or Arms Control Disarmament Agency. The travel must be between two places outside of the United States, and the employees must be officers or employees of one of the agencies listed above.
Travel is fully reimbursed by a third party, such as a foreign government or international agency.
A U.S. flag carrier does not provide service for part of the route. Employees may only fly by foreign carrier along the usual route to the nearest connection with a U.S. flag carrier.
A U.S. flag carrier involuntarily reroutes the flight to a foreign carrier.
The foreign carrier travel time is no longer than 3 hours, while the U.S. flag carrier travel time is at least twice as long.[xlvii]

In order to receive reimbursement for foreign carrier service, employees must submit foreign carrier certification, as well as any other forms required by the agency.[xlviii] The certification should include the name of the employee, date(s) of travel, departure and destination of travel, and detailed itinerary of travel, including air carrier name and flight number for every part of the trip. The certification should also include either an explanation that the employee met one of the exceptions or a copy of the agency’s written approval that the foreign carrier service was a “matter of necessity.”[xlix]

According to government regulations, employees must not receive reimbursement for flying by foreign carrier without agency authorization or improper use under regulations. However, employees may not have to forfeit the entire expense of the travel if the foreign carrier was approved for a portion of the trip. In addition, each agency must establish its own restrictions on reimbursements for unauthorized or improper use of foreign carrier travel under regulations.[l]

Trains

In general, employees must choose coach class train travel.[li] To promote passenger security and other government interests, the agency may authorize extra-fare train travel (train travel with faster speeds and/or fewer stops) under the same exceptions to the rules as for airlines (See “Airlines: Coach Class Flights”).^[lii] [liii]

Ships

Most of the time, employees must use lowest first-class ship travel. The exceptions to the rules are the same as for trains and airlines (See “Airlines: Coach Class Flights”).[liv] Additionally, employees must use U.S. flag ships when available and acceptable for the requirements of the mission.[lv] Employees are responsible for the additional expense of unauthorized foreign ship travel.[lvi]

Local Transit Systems

Employees may travel by local transit system (bus, subway, or streetcar) to or from their residence or other authorized place of departure or return, and to or from their residence to their office on the day they depart or return the official station on official TDY that requires at least one night’s lodging. At temporary duty (TDY) stations, employees may also travel to and from living and dining places (if they cannot eat on-site). However, employees must choose the closest dining places and explain the travel on their vouchers.[lvii]

Government Aircraft

Unlike common carrier aircraft, government aircraft are subsidized with taxpayer dollars. Consequently, the agency may only approve government aircraft when they are the most cost-effective means of transportation.[lviii] In general, the aircraft management office requires trip-by-trip written advance authorization from the agency’s senior legal official or principal deputy in accordance with the agency’s written policy on government aircraft.[lix] [lx] Employees who use government aircraft without agency authorization are responsible not only for the additional transportation costs, but also the added administrative costs and criminal liabilities for misuse of government property.[lxi]

However, there are exceptions to the rules on written requirements. Before-the fact verbal approval and after-the-fact written authorization is acceptable in emergencies.[lxii] Additionally, the President, the president may issue a blanket approval for an agency head, and an agency head may issue a blanket authorization for an employee. A blanket approval by an agency head should also include a written explanation.[lxiii]

Employees may use government aircraft for official, political, or personal required-use travel. On required-use trips, government aircraft may be required for 24-hour secure communications (“bona fide” communications), security threats (“clear and present danger”), and national emergencies or other compelling operational considerations.[lxiv] Additionally, employees may use government aircraft for official travel when a commercial aircraft is not reasonably available within 24 hours of arrival or departure (or less time under certain circumstances), or when the cost of a government flight is less than the cost of a city-pair fare (or lowest coach fare if a city-pair fare is not available). When choosing between government and commercial travel, the agency should consider the cost of lost work, etc., which is available in the GSA’s “U.S. Government Aircraft Cost Accounting Guide” via email request or at the General Services Administration, Office of Governmentwide Policy, MTA, 1800 F Street, N.W., Washington, DC 20405.[lxv]

After a government aircraft is scheduled for official travel, the government may authorize individual travel on a space-available basis. Space may be available for executive employees, as well as government employees and their families at isolated posts that lack airlines.[lxvi] Additionally, the Secretary of Defense may approve space-available travel on Department of Defense (DOD) aircraft for members of Congress, other officers of the United States government, officials and employees of the Commonwealth of Puerto Rico on official business, and secretaries and supplies of the Armed Services Department of the YMCA. Employees of Congress, the United States government, the Puerto Rican government, the armed forces, the Department of Defense, and the Coast Guard may also invite their families.[lxvii] However, additional passengers should not require aircraft upgrades or added costs, except for minor ones.[lxviii] [lxix]

Executive employees on official trips, government employees at isolated posts, the families of government employees, and the travelers authorized by the DOD do not have to pay for government aircraft. However, executive employees on completely or partly political or personal trips must reimburse the government for the cost of the coach class ticket that they “saved” on the government aircraft, except if other laws or regulations, such as 11 CFR 106.3, ‘‘Allocation of Expenses between Campaign and Non-campaign Related Travel,’’ specifies a different amount. For example, if employees use a government aircraft for a 100% personal trip, then they must reimburse the government for the cost of a coach class ticket for the entire trip. Additionally, the personal or political part of the trip should not increase the total cost of the trip to the government, except in the case of required-use travel.[lxx]

Only senior federal officials and nonfederal travelers are required to report government aircraft trips. (It does not matter whether they fly as passengers, crewmembers, or qualified non-crewmembers.) The agency must report the trip to the GSA, and both the agency that owns or charters the aircraft and the agency that authorizes the travel must respond to written requests for records under the Freedom of Information Act (5 U.S.C. 552). If the trip is classified, the agency is still required to save the records, but it does not have to report them to the GSA or disclose them to the public.[lxxi] [lxxii]

Government Automobiles

In order to operate a government automobile, the agency must issue a specific travel authorization. The employee must also possess a valid State, District of Columbia, or territorial motor vehicle operator’s license.[lxxiii] Employees may only use government automobiles for official travel, including transportation between official business places, living places (when public transportation is impractical or unavailable), and places that promote the “sustenance, comfort, or health” of the employee and the “efficient performance of Government business,” such as restaurants, barber shops, Laundromats, drug stores, and places of worship. Under 31 U.S.C. 1344, the agency may also authorize additional government automobile travel.[lxxiv]

Privately-Owned Vehicles (POVs)

With agency approval, employees may take official trips on POVs[lxxv] and receive government reimbursement for the distance multiplied by the mileage rate. The mileage rates are published in an FTR bulletin and are also displayed on GSA’s Web site (http://www.gsa.gov/mileage).^[lxxvi] To determine the distance, employees should check their standard mileage guides or odometers when traveling by car or motorcycle, and their Federal Aviation Administration (FAA) charts when traveling by airplane. If employees change their flight plans to circumvent bad weather or technical difficulties and cannot determine the new distance from the FAA charts, they may also use the formula of flight time times cruising speed. In this case, employees may receive reimbursement for additional air mileage, but they must include an explanation in their travel claim.[lxxvii]

Additionally, employees may receive reimbursement for parking, ferry, bridge, road, and tunnel fees for motorcycles and automobiles, as well as parking, landing, and tie-down fees for airplanes. However, employees may not receive reimbursement for repairs, replacements, antifreeze, gas, grease, oil, towing, tax, insurance, and depreciation.[lxxviii] When employees travel to or from a transportation terminal on a POV, they may be reimbursed for the distance multiplied by the mileage rate plus other allowable costs for round-trip travel on the beginning and/or ending of travel between the points involved,[lxxix] as well as the parking fee not exceeding the cost of taking a taxi.[lxxx] One employee may volunteer to transport another employee in his or her POV without affecting his or her reimbursement, even if the other passenger helps pay the operating expenses.[lxxxi] [lxxxii]

In general, employees who opt to travel by POV instead of the transportation authorized by the agency may be reimbursed for the distance times the mileage plus per diem or additional expenses, not exceeding the cost of the agency-approved transportation. When the agency authorizes a common carrier, expenses include per diems,[lxxxiii] and when the agency approves a special vehicle, expenses include parking, bridge, road, and tunnel fees.[lxxxiv]

Employees who have agency approval to use government automobiles but select to use POVs may be reimbursed based on a constructive mileage rate limited to the cost that would be incurred for use of a Government automobile. This rate will be published in an FTR bulletin available at http://www.gsa.gov/ftr. If the agency determines the cost of providing a GOA would be higher because of unusual circumstances, it may allow reimbursement not to exceed the mileage rate for a privately-owned automobile (POA). Employees may also be reimbursed for other allowable expenses previously mentioned such as parking, bridge, road, and tunnel fees.[lxxxv]

Special Conveyances

When employees use special conveyances for official travel, they may receive reimbursement for actual, necessary expenses including, but not limited to:

Refilling the gas and oil.
Renting a garage, hangar, or boathouse.
Feeding and stabling a horse.
Paying the per diem expenses of a driver.
Paying the ferry, toll, and other fees.[lxxxvi]

Taxis, Shuttles, and Courtesy Transportation

For local official travel, the agency may cover the cost of fares and tips for taxis, shuttles, and other courtesy transportation. The agency’s first choice of transportation between transportation terminals and hotels/motels is courtesy transportation. However, employees may take taxis between business and living places when arriving or departing on official trips, as well as when traveling to or from an official TDY assignment that required at least one night’s lodging. Additionally, at official duty stations, the agency may authorize taxi or shuttle travel between two places of business, as well as between transportation terminals and business places, living places, and shuttle terminals. At TDY stations, employees may also take taxis and shuttles to and from living and dining places (if they cannot eat on-site). The agency may cap the reimbursement rate for taxi travel when government vehicles, common carriers, or courtesy shuttles are available.[lxxxvii]

Rental Automobiles

With the specific approval of the agency, employees may receive reimbursement for using rental vehicles for official travel.[lxxxviii] In general, employees may not be reimbursed for collision damage waivers (CDW), theft insurance, or personal accident insurance in the CONUS because the government is self-insured; when employees rent vehicles through the government, they automatically receive insurance, including complete deductible coverage, for official travel.[lxxxix] [xc] However, employees may be reimbursed for CDW and theft insurance outside of the CONUS because the rental or leasing agency requirements, foreign statute, or legal procedures could cause extreme difficulty for an employee involved in an accident.[xci] The additional expenses of using rental vehicles for unofficial travel are the employees’ responsibility.[xcii]

Per Diem and Actual Expense Travel Allowances[xciii]

On official travel that lasts longer than 12 hours, employees who take official trips and incur per diem expenses are eligible for a per diem or actual expense travel allowance.[xciv] To calculate the per diem reimbursement rate, the agency may employ the lodgings-plus per diem method, reduced per diem method, conference lodging allowance method, or actual expense method.[xcv]

For official travel in the CONUS, the reimbursement rates are established by the GSA. The per diem rates are available at http://www.gsa.gov/perdiem, and the actual expense rates are accessible at 41 CFR 301-11.303 and 301-11.305. For non-foreign official travel, reimbursements are decided by the Department of Defense’s Per Diem, Travel, and Transportation Allowance Committee (PDTATAC) and posted at http://www.dtic.mil/perdiem. For foreign official travel, reimbursements are determined by the Department of State and published in the per diem supplement to the Department of State Standardized Regulations, Section 925.[xcvi]

Miscellaneous Expenses[xcvii]

With the approval of the agency, employees may receive reimbursement for necessary and official general, financial fee, and special foreign travel expenses. Miscellaneous expenses include, but are not limited to:

General Expenses

Baggage expenses, including authorized excess, checking, transfer, and storage charges, as well as charges/tips for carrying government goods through transportation terminals.[xcviii]
Lodging taxes, resort fees, and non-optional energy surcharges.
Laundry, cleaning, and pressing charges.
Storage charges for official equipment.
Hiring charges for conference center rooms and hotel rooms.
Service charges for official telephone calls, faxes, telegrams, cablegrams, radiograms, computers, printers, faxes, and scanners. For commercial communications, employees should only use commercial services if government services are not available.
Services of an attendant to accommodate a special need.
Typist, data processor, stenographer, guide, interpreter, and driver services, as well as attendant services for employees with special needs.
Energy surcharge and lodging resort fee(s) (when such fee(s) is/are not optional).

Financial Fees

Travelers check fees.
Money order fees.
Certified check fees.
ATM fees for government contractor-issued charge cards.

Special Foreign Travel Expenses

Passport and visa fees.
Passport and visa photograph fees.
Foreign country exit fees.
Foreign currency conversion commissions.
Birth, health, and identity certificate costs.
Inoculation charges (if the vaccine is not available at a federal dispensary).[xcix]

Special-Needs Expenses[c]

If an employee has a special physical need, he or she may receive reimbursement for additional travel expenses from his or her agency.[ci] (The need must be either clearly visible or confirmed in writing by a competent medical authority.[cii]) Reimbursable expenses include, but are not limited to:

Special duty station transportation.
Special common carrier services.
Baggage-handling expenses.
Wheelchair rental and transportation expenses.
Other than coach-class accommodations.
Transportation and per diem expenses for a family member or attendant.
Service expenses for an attendant.

The restrictions on the reimbursements for attendants are available in 5 U.S.C. 3102. Additional guidelines on special needs are accessible at the website of the Office of Personnel Management at https://www.opm.gov/policy-data-oversight/disability-employment/faqs/.[ciii]