5 U.S.C. § 5703 — Per diem, travel, and transportation ex-

Page 726 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5703 ized 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 al- lowance plus $10 to not to exceed the maximum per diem allowance plus $18. Statutory Notes and Related Subsidiaries 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. RETENTION OF TRAVEL PROMOTIONAL ITEMS Pub. L. 107–107, div. A, title XI, § 1116, Dec. 28, 2001, 115 Stat. 1241, as amended by Pub. L. 116–92, div. A, title VI, § 606(c), Dec. 20, 2019, 133 Stat. 1425, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) The term ‘agency’ has the meaning given that term under section 5701 of title 5, United States Code. ‘‘(2) The term ‘general public’ includes the Federal Government or an agency. ‘‘(b) RETENTION OF TRAVEL PROMOTIONAL ITEMS.—To the extent provided under subsection (c), a Federal em- ployee, member of the Foreign Service, member of a uniformed service, any family member or dependent of such an employee or member, or other individual who receives a promotional item (including frequent flyer miles, upgrade, or access to carrier clubs or facilities) as a result of using travel or transportation services obtained at Federal Government expense or accepted under section 1353 of title 31, United States Code, may retain the promotional item for personal use if the pro- motional item is obtained under the same terms as those offered to the general public and at no additional cost to the Federal Government. ‘‘(c) LIMITATION.—Subsection (b)— ‘‘(1) applies only to travel that— ‘‘(A) is at the expense of an agency; or ‘‘(B) is accepted by an agency under section 1353 of title 31, United States Code; and ‘‘(2) does not apply to travel by any officer, em- ployee, or other official of the Government who is not in or under any agency. ‘‘(d) REGULATORY AUTHORITY.—Any agency with au- thority to prescribe regulations governing the acquisi- tion, acceptance, use, or disposal of any travel or trans- portation services obtained at Government expense or accepted under section 1353 of title 31, United States Code, may prescribe regulations to carry out sub- section (b) with respect to those travel or transpor- tation services. ‘‘(e) REPEAL OF SUPERSEDED LAW.—[Repealed section 6008 of Pub. L. 103–355, formerly set out as a note below.] ‘‘(f) APPLICABILITY.—This section shall apply with re- spect to promotional items received before, on, or after the date of enactment of this Act [Dec. 28, 2001].’’ COST SAVINGS FOR OFFICIAL TRAVEL Pub. L. 103–355, title VI, § 6008, Oct. 13, 1994, 108 Stat. 3367, related to maximizing practicable cost savings for official travel through use of frequent traveler pro- grams, prior to repeal by Pub. L. 107–107, div. A, title XI, § 1116(e), Dec. 28, 2001, 115 Stat. 1241. REPORTS TO CONGRESS OF PER DIEM AND MILEAGE AL- LOWANCE PAYMENTS FOR FISCAL YEARS 1979 THROUGH 1981; RULES AND REGULATIONS Pub. L. 96–346, § 3, Sept. 10, 1980, 94 Stat. 1148, for fis- cal 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 gen- eral 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 Con- gress 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 mis- sion. Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (a) of this sec- tion to establish maximum rates of per diem allow- ances 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 sec- tion to establish maximum rates of per diem allow- ances and reimbursements for actual and necessary ex- penses 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. 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 Em- ployee 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 estab- lish maximum rates of per diem allowances and reim- bursements for the actual and necessary expenses of of- ficial 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 max- imum 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. § 5703. Per diem, travel, and transportation ex- penses; experts and consultants; individuals serving without pay An employee serving intermittently in the Government service as an expert or consultant Page 727 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5704 and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation ex- penses, under this subchapter, while away from his home or regular place of business and at the place of employment or service. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 499; Pub. L. 91–114, § 2, Nov. 10, 1969, 83 Stat. 190; Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 73b–2. Aug. 2, 1946, ch. 744, § 5, 60 Stat. 808. July 28, 1955, ch. 424, § 2, 69 Stat. 394. Aug. 14, 1961, Pub. L. 87–139, §§ 2, 8(b), 75 Stat. 339, 340. Subsection (a) is added on authority of section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. In subsection (b), the words ‘‘in lieu of subsistence’’ are omitted as unnecessary in view of the definition of ‘‘per diem allowance’’ in section 5701(4). The words ‘‘this subchapter’’ are substituted for ‘‘the Standard- ized Government Travel Regulations, Subsistence Ex- pense Act of 1926, as amended (5 U.S.C. 821–833) and the Act of February 14, 1931, as amended by this Act’’ as the Subsistence Expense Act of 1926 and the Act of Feb- ruary 14, 1931, were repealed by section 9(a) of the Trav- el Expense Act of 1949, 63 Stat. 167, part of which ap- peared in former section 842 and is carried into section 5708, and as the authority for the Standardized Govern- ment Travel Regulations in former section 840 is car- ried into section 5707. In subsection (c), the words ‘‘this subchapter’’ are substituted for ‘‘said regulations and said Act of Feb- ruary 14, 1931, as so amended’’ as the Act of February 14, 1931, was repealed by section 9(a) of the Travel Ex- pense Act of 1949, 63 Stat. 167, part of which appeared in former section 842 and is carried into section 5708, and as the authority for the Standardized Government Travel Regulations in former section 840 is carried into section 5707. The words ‘‘in lieu of subsistence’’ are omitted as unnecessary in view of the definition of ‘‘per diem allowance’’ in section 5701(4). In subsection (d), the words ‘‘Under regulations pre- scribed 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1975—Pub. L. 94–22 struck out separate provisions for per diem allowances of employees serving as experts, consultants, or serving without pay or at $1 a year. 1969—Subsec. (c)(1). Pub. L. 91–114 increased the per diem allowance for travel inside continental United States from not to exceed the rate of $16 to not to ex- ceed the rate of $25. Subsec. (d). Pub. L. 91–114 in cl. (1) increased amount authorized to be named in travel authorization for each day in a travel status inside continental United States from not to exceed $30 to not to exceed $40, and in cl. (2) increased amount authorized to be named in travel authorization for each day in a travel status outside continental United States from not to exceed max- imum per diem allowance plus $10 to not to exceed the maximum per diem allowance plus $18. § 5704. Mileage and related allowances (a)(1) Under regulations prescribed under sec- tion 5707 of this title, an employee who is en- gaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned automobile when that mode of transportation is authorized or ap- proved as more advantageous to the Govern- ment. In any year in which the Internal Revenue Service establishes a single standard mileage rate for optional use by taxpayers in computing the deductible costs of operating their auto- mobiles for business purposes, the rate per mile shall be the single standard mileage rate estab- lished by the Internal Revenue Service. (2) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Adminis- trator of General Services, instead of the actual expenses of transportation, for the use of a pri- vately owned airplane or a privately owned mo- torcycle when that mode of transportation is au- thorized or approved as more advantageous to the Government. (b) A determination that travel by a privately owned vehicle is more advantageous to the Gov- ernment is not required under subsection (a) of this section when payment on a mileage basis is limited to the cost of travel by common carrier including per diem. (c) Notwithstanding the provisions of sub- sections (a) and (b) of this section, in any case in which an employee who is engaged on official business for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, payment on a mileage basis is limited to the cost of travel by a Government vehicle. (d) In addition to the rate per mile authorized under subsection (a) of this section, the em- ployee may be reimbursed for— (1) parking fees; (2) ferry fees; (3) bridge, road, and tunnel costs; and (4) airplane landing and tie-down fees. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 499; Pub. L. 94–22, § 5, May 19, 1975, 89 Stat. 85; Pub. L. 96–346, § 2, Sept. 10, 1980, 94 Stat. 1148; Pub. L. 103–329, title VI, § 634(a), Sept. 30, 1994, 108 Stat. 2428; Pub. L. 113–291, div. A, title IX, § 915(a), Dec. 19, 2014, 128 Stat. 3475.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 837. June 9, 1949, ch. 185, § 4, 63 Stat. 166. July 28, 1955, ch. 424, § 4, 69 Stat. 394. Aug. 14, 1961, Pub. L. 87–139, §§ 3, 4, 75 Stat. 339, 340. The word ‘‘employee’’ is substituted for ‘‘Civilian of- ficers and employees of departments and establish- ments’’ in view of the definition of ‘‘employee’’ in sec- tions 5701 and 2105. In subsection (a), the words ‘‘Under regulations pre- scribed under section 5707 of this title’’ are substituted for ‘‘under regulations prescribed by the Director of the Bureau of the Budget’’.