Federal Travel Regulation; Computation of Per Diem Allowance for a Partial Day of Travel; Use of Locality-Based Per Diem Rate for Househunting Trips

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 301-4, 301-7, 301-8, 301-11, and 302-2

[FTR Amendment 54]

RIN 3090-AF98

Federal Travel Regulation; Computation of Per Diem Allowance for

a Partial Day of Travel; Use of Locality-Based Per Diem Rate for

Househunting Trips

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final rule.

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SUMMARY: This final rule amends the Federal Travel Regulation (FTR) to

modify per diem allowance computation for a partial day of travel, to

eliminate the requirement for a traveler to record departure and

arrival times on the travel voucher, and to allow per diem

reimbursement for a househunting trip to be based on the locality per

diem rate. This amendment will simplify travel reimbursement, thereby

reducing agency travel costs.

DATES: Effective dates: The provisions of this final rule which amend

part 301-4 of chapter 301 are effective June 7, 1996. The provisions of

this final rule which amend parts 301-7, 301-8, and 301-11 of chapter

301, and part 302-2 of chapter 302 are effective December 27, 1996.

Applicability dates: The provisions of this final rule which amend

part 301-4 of chapter 301 apply for travel performed on or after June

7, 1996. The provisions of this final rule which amend parts 301-7,

301-8, and 301-11 of chapter 301, and part 302-2 of chapter 302 apply

for travel (including travel incident to a change of official station)

performed on or after December 27, 1996.

FOR FURTHER INFORMATION CONTACT: Robert A. Clauson, Travel and

Transportation Management Policy Division (MTT), Washington, DC 20405,

telephone 202-501-1538.

SUPPLEMENTARY INFORMATION: This amendment was developed by the Joint

Financial Management Improvement Program (JFMIP) Travel Reinvention

Task Force to streamline the processing of travel and relocation

reimbursement claims. The General Services Administration (GSA), after

review of the JFMIP recommendations, has determined that the

recommendations are appropriate and is implementing the changes with

certain modifications through this amendment. The amendment modifies

per diem allowance computation for a partial day of travel, and

eliminates the requirement for a traveler to record departure and

arrival times on the travel voucher. This amendment also authorizes the

payment of a locality-based per diem rate when an employee is

performing travel to seek residence quarters. Finally, this amendment

makes a technical correction to the provisions governing reimbursement

when an employee uses a privately owned vehicle to perform official

travel.

Current Per Diem Allowance Computation

The FTR provides for the payment of a per diem allowance based on

the lodgings-plus method, which includes payment for the actual

expenses of lodging up to a maximum amount and payment of a flat amount

for meals and incidental expenses (M&IE). The FTR currently requires

that the M&IE amount be reduced for meals provided by the Government at

no cost or at nominal cost to the employee.

In addition, the FTR requires that the M&IE allowance for a partial

day of travel (e.g., the first or last day of travel) be computed based

on one-fourth of the applicable M&IE rate for each quarter-day the

employee is in a travel status on that day. The quarters are fixed

(i.e., 12:01 a.m.-6:00 a.m., 6:01 a.m.-12:00 noon, 12:01 p.m.-6:00

p.m., and 6:01 p.m.-12:00 midnight) based on local time.

Under current rules, an employee may not be paid a per diem

allowance for travel of 10 hours or less (a special variation of this

rule applies for an employee working a compressed work schedule).

Finally, an employee must record the time of departure from, and

arrival at, the official station or any other place at which official

travel begins or ends to accurately compute the per diem allowance

payable.

Modification of Per Diem Allowance Computation.

This amendment abolishes the quarter-day method of computing the

M&IE allowance for a partial day of travel and replaces it with payment

of a flat three-fourths of the applicable M&IE rate on a partial travel

day. The JFMIP Travel Reinvention Task Force

[[Page 68159]]

found that most travelers begin their first day of official travel in

the second quarter of the day and end the travel in the third quarter

of the day. Under the new rule, agencies must continue to reduce, or

deduct from, the applicable maximum per diem rate or the three-fourths

of the M&IE rate, as appropriate, for Government provided meals.

This amendment also prohibits the payment of a per diem allowance

for travel of 12 hours or less, and establishes three-fourths of the

applicable M&IE rate as the appropriate per diem allowance payment for

travel of more than 12 hours but not exceeding 24 hours when no lodging

is required. For travel of more than 12 hours but not exceeding 24

hours when lodging is required, per diem shall be computed in the same

manner as for travel of more than 24 hours.

Elimination of the Requirement That Employees Record Time of Departure

and Arrival

This amendment eliminates the need for an employee to record

departure and arrival times on the travel voucher. The FTR will

continue to require that an employee record departure and arrival dates

for such travel, however.

Locality-Based Per Diem Rate for Househunting Trips

The FTR allows an agency to authorize payment for travel to seek

permanent residence quarters, i.e., a househunting trip. The agency may

pay transportation expenses and subsistence expenses for the employee

and spouse to perform a househunting trip for a period not to exceed 10

days. The FTR provides that the applicable per diem rate for a

househunting trip inside the continental United States (CONUS) shall be

the standard CONUS rate regardless of locality.

The JFMIP recommended giving agencies discretionary authority to

reimburse per diem for a househunting trip within CONUS based on the

locality per diem rate. This change is necessary since an employee who

transfers to a high cost locality needs to obtain lodging in that

locality when performing a househunting trip.

Further, the employee may not be able to reduce subsistence costs

by lodging at a lower cost extended stay facility. The employee incurs

expenses in the same manner as if he/she were on temporary duty travel,

and it therefore is equitable to provide subsistence reimbursement

based on the locality rate. This amendment maintains agencies' ability

to reimburse househunting trip subsistence expenses based on the

standard CONUS rate when the agency determines that it is advantageous

to the Government.

Technical Correction to the Mileage Reimbursement Rate Provisions

FTR Amendment 48, (61 FR 25802, May 23, 1996) increased mileage

reimbursement rates for the use of a privately owned vehicle. FTR

Amendment 48 revised FTR Sec. 301-4.2(a) to increase the mileage

reimbursement rate for use of a privately owned automobile to 31 cents

per mile, but did not make a corresponding change to FTR Sec. 301-

4.2(c) (1) or (2). This amendment makes the corresponding changes.

GSA has determined that this rule is not a significant regulatory

action for the purposes of Executive Order 12866 of September 30, 1993.

This final rule is not required to be published in the Federal Register

for notice and comment. Therefore, the Regulatory Flexibility Act does

not apply.

List of Subjects in 41 CFR Parts 301-4, 301-7, 301-8, and 301-11

Government employees, Travel, Travel allowances, Travel and

transportation expenses.

List of Subjects in 41 CFR Part 302-2

Government employees, Relocation allowances and entitlements,

Transfers.

For the reasons set out in the preamble, 41 CFR parts 301-4, 301-7,

301-8, 301-11, and 302-2 are amended to read as follows:

PART 301-4--REIMBURSEMENT FOR USE OF PRIVATELY OWNED CONVEYANCES

1. The authority citation for part 301-4 is revised to read as

follows:

Authority: 5 U.S.C. 5701-5709.

Sec. 301-4.2 [Amended]

2. Section 301-4.2 is amended by removing the phrase ``30 cents per

mile'' where it appears in paragraphs (c) (1) and (2), and adding in

its place the phrase ``31 cents per mile''.

PART 301-7--PER DIEM ALLOWANCES

3. The authority citation for part 301-7 is revised to read as

follows:

Authority: 5 U.S.C. 5701-5709.

4. Section 301-7.2 is amended by revising paragraphs (a) (2) and

(3) to read as follows:

Sec. 301-7.2 Employee and agency responsibilities.

(a) * * *

(2) Duty to record pertinent times and/or dates. The date of

departure from and arrival at the official station or any other place

at which travel begins or ends must be shown on the travel voucher.

This same information also must be shown for points at which temporary

duty is performed or for a stopover or official rest stop location when

such arrival or departure affects the per diem allowance or other

travel expenses. Other points visited also should be shown.

(3) Use of standard time. When recording time, an employee shall

use standard time in effect at the place involved. (See 15 U.S.C. 262.)

* * * * *

Sec. 301-7.4 [Amended]

5. Section 301-7.4 is amended by removing the phrase ``Federal

Supply Service, Attn: Transportation Management Division (FBX),

Washington, DC 20406'' in paragraph (a), and by adding in its place the

phrase, ``Office of Governmentwide Policy, Attn: Travel and

Transportation Management Policy Division (MTT), Washington, DC

20405''.

6. Section 301-7.5 is amended by revising paragraph (b), by

removing paragraph (c), and redesignating paragraphs (d) and (e) as

paragraphs (c) and (d) and revising them to read as follows:

Sec. 301-7.5 General rules affecting entitlement to per diem.

* * * * *

(b) No allowance for travel of 12 hours or less. A per diem

allowance shall not be allowed for official travel of 12 hours or less.

(This requirement also applies for travel incident to a change of

official station.)

(c) Beginning and ending of entitlement. For computing per diem

allowances, official travel begins when an employee leaves his/her

home, office, or other authorized point of departure and ends when the

traveler returns to his/her home, office, or other authorized point at

the conclusion of the trip.

(d) International date line. In cases where the traveler crosses

the international date line (180th meridian), the actual elapsed time

in days shall be used to compute the per diem rather than calendar

days.

7. Section 301-7.6 is amended by revising paragraph (b)(2) to read

as follows:

Sec. 301-7.6 Lodgings-plus per diem system.

* * * * *

(b) * * *

* * * * *

(2) Meals and incidental expenses (M&IE) allowance. The maximum per

[[Page 68160]]

diem rates include a fixed allowance for meals and for incidental

expenses (M&IE rate). The M&IE rate, or fraction thereof, is payable to

the traveler without itemization of expenses or receipts. For a partial

day of travel, the M&IE rate shall be prorated as provided in Sec. 301-

7.8 (a) or (c)(3), as appropriate.

8. Section 301-7.7 is revised to read as follows:

Sec. 301-7.7 Computation rules for travel of more than 12 hours, but

not exceeding 24 hours.

When the travel for which per diem has been authorized is more than

12 hours, but does not exceed 24 hours, the per diem allowance for the

trip shall be calculated as follows:

(a) Lodging not required. If lodging is not required, the per diem

allowance shall be three-fourths of the applicable M&IE allowance for

the temporary duty assignment location. If more than one temporary duty

point is involved, the per diem allowance shall be calculated using the

highest of the M&IE rates prescribed for the location where official

business is performed.

(b) Lodging required. If lodging is required, the per diem

allowable shall be the actual cost of lodging incurred by the traveler,

limited to the applicable maximum lodging allowance prescribed for the

location of the lodging, plus three-fourths of the applicable M&IE rate

prescribed for the lodging location.

9. Section 301-7.8 is revised to read as follows:

Sec. 301-7.8 Computation rules for travel of more than 24 hours.

The applicable maximum per diem rate for each calendar day of

travel shall be determined by the travel status and location of the

employee at 12:00 midnight and whether lodging is required at such

location. When lodging is required, the applicable maximum per diem

rate shall be the maximum rate prescribed for the temporary duty

location, or a stopover point where lodging is obtained while en route

to, from, or between temporary duty locations (see Secs. 301-7.9 and

301-7.6(a)(3) for regulations on lodging location and maximum per diem

rates applicable to change of official station travel, respectively).

Only one maximum rate will be applicable to a calendar day or fraction

thereof. Per diem for travel of more than 24 hours shall be calculated

as provided in paragraphs (a) through (e) of this section.

(a) Day travel begins--(1) Lodging required. When lodging is

required on the day travel begins (day of departure from the home,

office, or other authorized point), the per diem allowable shall be the

actual cost of lodging incurred by the traveler, limited to the

applicable maximum lodging allowance prescribed for the location of the

lodging, plus three-fourths of the applicable M&IE rate prescribed for

the lodging location.

(2) Lodging not required. When lodging is not required on the day

travel begins, (day of departure from the home, office, or other

authorized point), the per diem allowable shall be three-fourths of the

destination M&IE rate.

(b) Full calendar days of travel--(1) Lodging required. For each

full calendar day that the employee is in a travel status and lodging

is required (whether en route or at a temporary duty location), the per

diem allowable shall be the actual cost of lodging incurred by the

traveler, limited to the applicable maximum lodging allowance

prescribed for the location of the lodging, plus the applicable M&IE

rate.

(2) Lodging not required. For each full calendar day that the

traveler is in a travel status and lodging is not required (such as

when the traveler is en route overnight to the next temporary duty

location), the per diem allowance shall be the destination M&IE rate.

(c) Returning from travel--(1) Lodging required. For each full

calendar day of travel when lodging is required at an en route location

while the employee is returning to the official station, home, or other

authorized point, the per diem allowable shall be the actual cost of

lodging incurred by the traveler, limited to the applicable maximum

lodging allowance prescribed for the location of the lodging, plus the

applicable M&IE rate.

(2) Lodging not required. For any full calendar day of travel when

lodging is not required while the traveler is en route overnight

returning to the official station, home, or other authorized point, the

per diem allowable shall be the M&IE rate applicable to the preceding

calendar day.

(3) Day travel ends--(i) No lodging required. For the day travel

ends (day traveler returns to the official station, home, or other

authorized point) the per diem allowable shall be three-fourths of the

M&IE rate applicable to the preceding calendar day.

(ii) Lodging required on the day travel ends. When an employee must

perform official business at a temporary duty site en route to the

official station, home, or other authorized point on the day travel

ends and the agency authorizes the employee to obtain lodging, the per

diem allowable shall be the actual cost of lodging incurred by the

traveler, limited to the applicable maximum lodging allowance

prescribed for the en route temporary duty site, plus three-fourths of

the M&IE rate applicable to the en route temporary duty site.

(d) Lodging obtained after midnight. Although per diem generally is

based on the employee's location at midnight, there will be instances

in which he/she is en route and does not arrive at the lodging location

(either temporary duty location or en route stopover point) until after

midnight. In such cases, the lodging shall be claimed for the preceding

calendar day and the applicable maximum per diem for the preceding day

will be determined as if the employee had been at the lodging location

at 12:00 midnight of that day.

(e) Commercial vessel. For vessel travel, except for the day of

arrival on board (day of embarkation) and the day of departure from the

vessel (day of debarkation), the allowable per diem rate will be $6 per

day. When the $6 rate is not sufficient to meet the traveler's per diem

expenses, a per diem rate equal to the anticipated expenses, not to

exceed $9 per day, may be authorized or approved; except that the rate

for travel by the Alaska Ferry System shall not exceed the standard

M&IE rate for CONUS. Per diem will be computed under the lodgings-plus

system on the days of embarkation and debarkation.

10. Section 301-7.12 is amended by revising the fifth sentence of

the introductory text to read as follows:

Sec. 301-7.12 Reductions in maximum per diem rates when appropriate.

* * * When reduced rate situations involve partial days, per diem

for such days may be three-fourths of the reduced rate, a special

reduced rate prescribed for partial days, or an amount determined under

the lodgings-plus system, as considered appropriate by the agency. * *

*

* * * * *

PART 301-8--REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES

11. The authority citation for part 301-8 is revised to read as

follows:

Authority: 5 U.S.C. 5701-5709.

12. Section 301-8.3 is amended by revising paragraph (b)(2) to read

as follows:

Sec. 301-8.3 Maximum daily rates and reimbursement limitations.

* * * * *

(b) * * *

(2) Specific meals and incidental expenses limitation. The agency

may authorize or approve the payment of meals and incidental expenses

on a flat rate basis without the need for receipts

[[Page 68161]]

and/or itemization when such expenses are within the applicable M&IE

rate. On full days of travel, the payment shall not exceed the

applicable M&IE rate. On partial days of travel, the payment shall not

exceed three-fourths of the applicable M&IE rate. The amount of the

maximum daily rate in excess of the actual M&IE payment may be used for

lodging.

PART 301-11--CLAIMS FOR REIMBURSEMENT

13. The authority citation for part 301-11 is revised to read as

follows:

Authority: 5 U.S.C. 5701-5709.

14. Section 301-11.5 is amended by revising paragraph (a) (2) and

(3) to read as follows:

Sec. 301-11.5 Preparation of voucher.

(a) * * *

(2) Leave of absence. When leave of absence of any kind is taken

while an employee is in a travel status, the type of leave and number

of hours of leave for each day shall be recorded on the travel voucher.

(3) Indirect-route travel. The travel voucher should set forth the

details of the expenses actually incurred, the date of departure from

the post of duty, and the date of arrival at the place of duty. Where

leave has been taken while in travel status, the date and time that

leave began and terminated should be shown.

* * * * *

Sec. 301-11.6 [Amended]

15. Section 301-11.6 is amended by removing the reference

``Sec. 301-7.8(g)'' in paragraph (b)(16), and adding in its place the

reference ``Sec. 301-7.8(e)''.

PART 302-2--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION

16. The authority citation for part 302-2 continues to read as

follows:

Authority: 5 U.S.C. 5721-5734; 20 U.S.C. 905(a); E.O. 11609, 36

FR 13747, 3 CFR, 1971-1975 Comp., p. 586.

17. Section 302-2.1 is revised to read as follows:

Sec. 302-2.1 For the employee.

(a) Applicability. This part applies to travel of

(1) Transferred employees,

(2) New appointees, and

(3) Employees assigned to posts of duty outside the continental

United States in connection with either overseas tour renewal agreement

travel or return travel to places of residence for the purpose of

separation.

(b) Payment for employee's travel expenses. Except as specifically

provided in this chapter, an agency shall pay per diem, transportation

costs, and other travel expenses of the employee in accordance with the

provisions of 5 U.S.C. 5701-5709 and chapter 301 of this title. The

prohibition in Sec. 301-7.5(b) of this title on paying per diem for

travel of 12 hours or less applies to change of official station

travel.

(c) Maximum per diem rates for relocation travel--(1) Travel when

en route between employee's old and new official stations. The maximum

per diem rate for en route travel within CONUS between the employee's

old and new official stations shall be the standard CONUS rate

prescribed under Sec. 301-7.3 of this title.

(2) Travel to seek residence quarters. The maximum per diem rate

for travel to seek residence quarters shall be the lesser of the

maximum per diem rate prescribed under Sec. 301-7.3 of this title for

the locality where the employee seeks residence quarters or for the

locality where the employee obtains lodging accommodations. An agency

may prescribe the standard CONUS rate as the maximum per diem rate if

it determines that establishment of such lower rate is advantageous to

the Government.

18. Section 302-2.2 is amended by revising the introductory text of

paragraph (b) to read as follows:

Sec. 302-2.2 For members of an employee's immediate family.

* * * * *

(b) Per diem allowance when en route between employee's old and new

official stations. When an employee is transferred, an allowance shall

be paid for per diem expenses incurred by the employee's immediate

family while traveling between the old and new official stations

regardless of where the old and new stations are located. If the actual

travel involves departure and/or destination points other than the old

or new official station, the per diem allowance shall not exceed the

amount to which members of the immediate family would have been

entitled if they had traveled by a usually traveled route between the

old and new official stations. The prohibition in Sec. 301-7.5(b) of

this title on paying per diem for travel of 12 hours or less applies to

change of official station travel. The maximum allowable per diem rates

are as follows:

* * * * *

Dated: September 26, 1996.

David J. Barram,

Acting Administrator of General Services.

[FR Doc. 96-32712 Filed 12-26-96; 8:45 am]

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