SUBSISTENCE ALLOWANCES OF GOVERNMENT EMPLOYEES WHILE PERFORMING OFFICIAL TRAVEL AND FOR OTHER PURPOSES
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP86B00338R000400490020-5
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
28
Document Creation Date:
December 21, 2016
Document Release Date:
September 8, 2008
Sequence Number:
20
Case Number:
Publication Date:
September 27, 1983
Content Type:
MEMO
File:
Attachment | Size |
---|---|
CIA-RDP86B00338R000400490020-5.pdf | 1.59 MB |
Body:
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OLL 83-2331
27 September 1983
SUBJECT: Subsistence Allowances of Government Employees
While Performing Official Travel, and For Other
Purposes
1. Attached for your information is a copy of a draft
Bill to revise certain provisions of Chapter 57 of Title 5,
together with asection-by-section analysis of the draft
Bill and the General Services Administration cover letter to
the Speaker of the House of Representatives.
2. We will track this Bill upon introduction in the
House and will report its progress as appropriate.
STAT
Liaison Division
Office of Legislative Liaison
Attachment:
As stated
Distribution:
Original - OLL Record w/att.
1 - OLL Chrono w/o att.
1 - D/OLL w/o att.
1 - DD/OLL w/o att..
1 - DDA w/att.
1 - DD/Pers w/att.
1 - DD/Pers/SP w/att.
1 - C/HL/OLL w/att.
1 - C/SL/OLL w/att.
C/LEG/OLL w/att.
1 - Asst. Dir/Finance/Policy & Planning w/att.
1 - Chrono w/o att.
1 - Sub'ect watt. STAT
LD:OLL (28 Sept 83).
STAT
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`.. Y EXECUTIVE OFFICE OF THE PRESIDENT
s t;~; 6t =; OFFICE OF MANAGEMENT AND BUDGET
September 20, 1983
LEGISLATIVE REFERRAL MEMORANDUM
TO: - Legislative Liaison Officer
Department of Agriculture
Department of Commerce
= Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation
Department of the Treasury
Agency for International Development
Central Intelligence Agency
Environmental Protection Agency
Office of Personnel Management
National Aeronautics and Space Administration
Tennessee Valley Authority
U.S. Information Agency
U.S. Postal Service
Veterans Administration
Administrative Office of the U.S. Courts
SUBJECT: General Services Administration (GSA) draft bill, "To
revise certain provisions of chapter 57 of title 5,
United States Code, relating to the subsistence
allowances of Government employees while performing
official travel, and for other purposes."
Attached for your information is a copy of GSA's draft bill to
revise the per diem system for Federal employees in travel
status, as submitted to the Congress on September 16, 1983.
The bill is a revision of an earlier draft which was circulated
for agency comment.
Je frey A. Weinberg for
Assistant Director for
Legislative Reference
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Serbs
Administration Washington, DC. 20405
SEP 16 1983
Honorable Thomas P. O'Neill, Jr.
Speaker of the House of Representatives
Washington, DC 20515
Dear Mr. Speaker:
There is forwarded herewith for the consideration of the Congress a draft bill,
"To revise certain provisions of chapter 57 of title 5, United States Code,
relating to the subsistence allowances of Government employees while performing
official travel, and for other purposes."
The principal purpose of the bill is to provide authority for payment of a
locality-based flat rate per diem allowance for official travel instead of
the current actual expense method of reimbursement for travel in high rate
geographical areas (high rate areas). This proposal is in accord with the
President's directive of July 30, 1981 (copy attached), which directs that
the lead Federal travel policymaking agencies work together to streamline
travel reimbursement, policies including adoption of locality-based flat per
diem rates for subsistence costs.
The enclosed draft bill, if enacted, would authorize the Administrator of
General Services (Administrator) to implement a locality-based flat rate per
diem system and to prescribe per diem rates administratively within a $75
statutory maximum to reimburse civilian employees for subsistence expenses
incurred during official travel within the continental United States.
The authority for reimbursement of actual and necessary expenses not to exceed
$75 per day for travel within the continental United States would be retained
for use on an exception basis in situations when payment of a per diem, allowance
would be inadequate or inappropriate. There are instances when the administra-
tively set per diem rate, while generally adequate, would be insufficient for a
particular travel assignment either because of special" duties, such as accom-.
parrying dignitaries, or protective service duty. Also,. there are instances, when
subsistence costs may escalate for. short periods of-time for special events.
For instance, during the 1-week missile launching period in March 1982 at Cape
Kennedy, average lodging costs increased from $43 to $68.50 per day in the
surrounding area.
The draft bill would also authorize payment of a "special per diem" allowance
for travel outside the continental United States (including Alaska and Hawaii)
when the per diem rate(s) administratively established by the Secretary of
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Defense or State would be inadequate to cover the traveler's subsistence
expenses. This "special per diem" would be limited to the total of $33 plus
the applicable locality per diem rate prescribed by the Secretary of Defense
or State. The "special per diem" concept would replace the current authority
for actual subsistence expense reimbursement for travel outside the continental
United States and would be similar to the special per diem rates currently
prescribed for travel of uniformed service personnel outside the continental
United States.
Cure-ently, civilian employees are entitled to a per diem allowance not to
exceed a statutory maximum of $50 per day for travel within the continental
United States; or the employee may be reimbursed for actual and necessary sub-
sistence expenses not to exceed a statutory maximum of $75 per day when the per
diem allowance is inadequate due to unusual circumstances or for travel to high
rate areas. For travel outside the continental United States (including Alaska
and Hawaii), the employee is entitled to a per diem allowance not to exceed the
locality per diem rate(s) administratively set by the Secretary of Defense or
State; or if the prescribed per diem allowance is inadequate, the employee may
be reimbursed for actual and necessary subsistence expenses not to exceed the
sum of $33 plus the applicable locality per diem rate prescribed by the
Secretary of Defense or State.
The per diem allowance for domestic travel (within the continental United States)
is currently computed on the basis of the average cost the employee pays for
lodging plus a flat allowance of $23 to cover meals and miscellaneous subsist-
ence expenses. However, the total daily rate computed under this method is
limited to the statutory maximum of $50. Since the maximum per diem rate is
generally inadequate for travel to most metropolitan areas, it has become
necessary to designate numerous high rate areas (currently 181) with rates
from $55 to the maximum $75.
It was originally anticipated that the use of the high rate area concept.would
be limited to exceptionally high cost locations. However, increasingly more
areas are becoming high rate areas because the $50 per diem rate is often
inadequate. The difficulty with the current high rate area concept and its
statutory requirement for an actual expense method of reimbursement is that
it requires detailed itemization of each day's expenses supported by receipts,
at least for lodging costs. Many agencies also require receipts for meals.
Preparing, reviewing, and auditing actual expense travel vouchers is
administratively costly, time consuming, and burdensome.
In a report (AFMD 81-18, January 19, 1981) by the Comptroller General of the
United States, U.S. General Accounting Office (GAO), on processing travel
claims, it was concluded that the administrative cost of-processing travel
vouchers was $400 million. The report also stated that processing costs for
actual expense travel vouchers were 76 percent higher than for the per diem
method. The GAO report advocates that the actual expense reimbursement method
be eliminated for high rate area travel.
The Interagency Travel Management Improvement'Project (ITMIP), under the
auspices of the Office of Management and Budget, conducted an extensive review
and analysis of travel management policies and procedures and agency practices
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in the processing of travel documents. In its Report on Strengthening Federal
Travel Management (July 1981), the ITMIP, after reviewing the GAO recommen-
dations and other alternative reimbursement methods, endorsed the locality-based
flat rate per diem system. The ITMIP estimated that implementation of such a
system would (1) result in administrative cost reductions in processing travel
vouchers, (2) be easier to use, (3) result in faster reimbursement and less
paperwork, and (4) be fair to the traveler.
The locality-based flat rate per diem method being advocated for domestic
travel is essentially the same method that has been used successfully for a
number of years for overseas or international travel. The locality-based
flat rate per diem method of reimbursement is advantageous because its
simplicity enables employees to compute estimates for travel advance purposes
and prepare travel voucher claims more easily. It also facilitates reviewing,
approving, and auditing of travel vouchers by voucher examiners. The locality-
based flat rate per diem method is also more responsive to variations in
subsistence costs among different localities.
Implementation of the proposed locality-based flat rate per diem system will
provide more efficient administration of the travel of Federal civilian
employees. The overall cost impact of the locality-based flat rate per diem
system would be minimal. We estimate that the direct cost impact on travel
funds may be $10 to $12 million annually. This amount, however, will be
minimized by retention of the current statutory ceiling and more than offset
by the advantages of the system and the administrative cost savings (an
estimated $16 million for civilian travel) resulting from the simplified
and less complicated reimbursement system.
Subsection 2(a) of the draft bill would amend 5 U.S.C. 5702(b) to authorize
payment of an employee's emergency travel and transportation expenses from a
temporary duty point to the employee's home or official station prior to comple-
tion of the temporary duty assignment when a personal emergency situation occurs
such as serious illness, injury or death of a family member, or because of an
emergency situation such as fire, or flood or other act of God. Currently,
under the described circumstances, an employee is required to bear as a personal
expense the cost of the return travel and transportation to the official duty
station and return to the temporary duty point.
The Comptroller General of the United States has held in a series of decisions
that the phrase "while traveling on official business" in 5 U.S.C. 5702(a)
prohibits the payment of the per diem allowance and the cost of transportation
in the described circumstances. (See 47 Comp. Gen. 59 (1967); 45 id. 299 (1965);
32 id. 571 (1953); 23 id. 237 (1943).) The Comptroller General of the United
States by letter dated February 28, 1973, requested that the Administrator
consider recommending legislation to correct this problem. The Comptroller
General stated:
"We believe that it is inequitable to require an employee to
pay the cost of travel to his home and return to his temporary
duty station upon the serious illness or injury, or death of
a member of his immediate family since his absence from his
home results from the Government's action. Therefore, it is
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our opinion that an amendment to the Travel Expense Act,
.Chapter 57 of title 5, United States Code, is desirable to
correct this situation. Such an amendment would reimburse-
the additional travel expenses incurred by employees who,
through no fault of their own, find themselves away from
home on official business at a time of emergency. For the
reasons stated we believe that legislation to correct this
problem deserves the consideration of the Congress."
The -General Services Administration (GSA) is in full accord with the views
expressed by the Comptroller General. Reimbursement for emergency travel is an
accepted practice in private industry for employees on temporary duty away from
home. Requiring employees to pay these costs is inequitable and has resulted in
some instances of extreme financial hardship for Government employees.
Reimbursement for emergency travel is presently authorized for uniformed service
personnel and employees of the Foreign Service and certain agencies located
abroad (37 U.S.C. 411e; 22 U.S.C. 4081(9); 7 U.S.C. 1766c; 49 U.S.C. 1344).
Enactment of the proposed legislation would extend these benefits to all Federal
civilian employees stationed within this country as well as those stationed
abroad including experts, consultants, and. individuals serving without pay as
described in 5 U.S.C. 5701(2) and 5703. It is not intended that enactment of
this proposal would diminish the authority of the Secretary of State to
prescribe regulations for the performance of travel by members of the Foreign
Service.
Because of the nature of emergencies, which are inherently difficult to predict,
we have been unable to gather definitive data as to the cost that would be
incurred if this provision of the bill would be enacted. However, we believe
that the cost impact, if any, will be minimal.
The draft bill (subsection 2(b)) also includes provisions endorsed by the
Department of Justice (DOJ) for payment of transportation and per diem for
employees in a law enforcement, investigative, protective or other capacity
involving control of organized crime, and/or their families who must be tem-
porarily housed 'away from their homes because of threats to life or property
resulting from the employee's assigned duties.. The DOJ.states that this problem
has existed in the Department for a number of years and it is present practice
to relocate threatened officers and their families, at great expense, because
the law and regulations do not allow payment of per diem at an employee's
official duty station. (5 U.S.C. 5702 currently authorizes per diem allowances
only for the employee for travel away from the post of duty.)
These.proposed temporary per diem payments at or near the vicinity of the
official station are particularly pertinent to the law enforcement officers of
the Drug Enforcement Administration, the Federal Bureau of Investigation, and
the Immigration and Naturalization Service. However, these provisions could
also apply to any other agency with employees in similar situations such as
employees of the Secret Service or an Inspector General and staff, who may be
involved in crime control activities.
It is anticipated that among the three mentioned law enforcement bureaus of-
the DOJ, as many as 28 relocations will be necessary annually for the protec-
tion of law enforcement officers' lives and the safety of their families.
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If the proposed authority is enacted, per diem payments could be made for 30
to 60 days instead of relocating these agents and their families. The DOJ esti-
mates that the maximum per diem for the 28 officers, assuming three family mem-
bers each, would be $115,000 ($175,000 less than relocation costs). The
$115,000 is a maximum amount; the DOJ believes a more realistic figure would be
about one third of that amount since they expect that the temporary housing
would not require 60 days, or that in most cases the maximum amount would not be
necessary. It is expected that in most cases the only additional expenses that
would be incurred would be for lodging since the provision of meal expenses
would normally be the agent's responsibility. However, reasonable reimbursement
for meals and other miscellaneous expenses and for transportation expenses would
be included where justified.
Section 3 of the draft bill provides for modification and.continuance of an
expired reporting requirement. Section 3 of Public Law 96-346 (September 10,
1980) required the Administrator to conduct a travel survey and report to the
Congress certain information on travel and transportation payments and agency
travel practices. The statistical data generated by this statutorily required
survey have proven invaluable. These data have been the only centralized data
source available upon which to base cost impact estimates. However, that
reporting requirement expired with the-survey of fiscal year 1981.
The attached draft bill would amend 5 U.S..C. 5707 to require a reporting
system similar to that previously required by Public Law 96-346, but less
detailed and restrictive, in order to impose the least burden possible on GSA
and the reporting agencies. The type of information collected under Public Law
96-346 would continue to be collected, but not on an annual basis as a general
rule. Instead, the information would be collected at,least every 2 years and
on a sampling basis to the extent feasible, from selected agencies spending
'$5,000,000 or more annually on travel.
This proposed reporting requirement would give the Administrator adequate
authority to collect sufficient detail on travel costs to provide a data base on
which to estimate basic travel costs without establishing a.rigid, inflexible
requirement as to the type of data to be collected on a regular basis.
Section 4 of the draft bill provides that the amendments shall be effective
90 days from date of enactment to allow time for regulatory implementation
of the new reimbursement system.
The General Services Administration recommends prompt and favorable consideration
of this draft bill. The Office of Management and Budget has advised that there
is no objection to the. submission of this legislative proposal to the Congress
and that its enactment would be.in accord with the program of the President.
'Sincerely,
'(Signed) Ray Kline
Deputy Administ- ato.r
3 Enclosures
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Ae-7.inist=ator of General Services to implement the necessary
chances to the regulations they promulgate. I have asked
the Director of the Office of Management and Budget to
coordinate the implementation activities.
These improvements are an important part of this Ad.minist.ra-
tion's economic reform program and its efforts to reduce
wasteful federal spending. I expect the results of the
improvement to include:
annual cost savings of over $200 million, consisting
of $116 million in direct; travel ' eXpenditures and
$ 85 million in travel-related administrative costs;
improved control and mar:age_ment of agency travel
expenditures; and
- accelerated reimbursements to travelers and payments-
to carriers.
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SECTION-BY-SECTION ANALYSIS
Section 1.
This section provides the short title of the bill. It may be cited as the
"Civilian Travel Expense Amendments Act of 1983."
Section 2.
Subsection 2(a) of the draft bill proposes to revise 5 U.S.C. 5702(a), (b), (c)
and_(d) as follows:
a. The proposed revision to subsection 5702(a) would provide the authority
to establish a locality-based flat rate per iem reimbursement system. The
current statutory maximum per diem rate ($50) would be eliminated and the
Administrator of General Services (Administrator) would be authorized to
establish maximum locality per diem rates administratively for civilian employee
travel inside the continental United States up to a maximum of $75. It is
intended that the results of the travel cost studies performed under 5707(b)
will be only a factor considered in establishing the per diem rates and that
the Administrator will retain discretion in establishing the proper level of
rates. The Administrator would also retain full flexibility to prescribe the
methodology for computing and applying per diem rates. As currently provided by
executive order, the Secretary of Defense will prescribe maximum locality per
diem rates for civilian employee travel in nonforeign areas (outside the con-
tinental United States) and the Secretary of State will prescribe maximum
locality per diem rates for civilian employee travel in foreign areas.
The new locality-based flat rate per diem authority would replace the actual
expense authority for travel in high rate geographical areas currently provided
in 5 U.S.C. 5702(c)(2).
b. The proposed revision to subsection 5702(b) would authorize the
Administrator to provide by regulation for payment of travel and transportation
expenses under certain emergency situations. The law, 5 U.S.C. 5702(b),
currently authorizes payment of travel and transportation expenses from a
temporary duty (TDY) point to the employee's home or official station when the
employee becomes incapacitated by illness or injury not due to his own
misconduct.
If amended, subsection 5702(b) would also authorize payment of an employee's
travel and transportation expenses from a TDY point to his/her home or official
station when, prior to completion of the employee's TDY assignment,.a personal
emergency situation occurs, such as serious illness, injury, or death of a
member of the employee's family or a crisis involving home or property (fire,
floods, etc.). If after returning an individual to his/her official duty
station because of an emergency situation described, the agency determines it
is in the best interest of the Government to send the employee back to the TDY
station, such travel would be considered a new travel assignment, at Government
,expense.
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The term "family" as used in'the draft bill is intended to be a generic term
which would be further defined by regulation and could include family members
outside the immediate household such as parents and brothers and sisters of
either the employee or spouse,. depending on circumstances. The regulations
also would define the terms "personal emergency" and "act of God" for purposes
of this section.
c. The proposed revision to subsection 5702(c) would authorize the
Administrator to prescribe conditions under which an employee may be reimbursed,
not in excess of $75 per day, for the actual and necessary subsistence expenses
of official travel within the continental United States in.instances when the
administratively established per diem rate is inadequate or payment of a per
diem allowance is inappropriate. It is intended that this authority would be
similar to the current authority for reimbursement of actual and necessary
expenses of travel due to the unusual circumstances of the travel assignment.
The concept of actual expense reimbursement for travel to high rate geographical
areas has also been eliminated since subsistence expense reimbursement for high
rate geographical area travel would be included under the proposed locality-
based flat rate per diem system. The term "unusual circumstances of the travel
assignment" has been eliminated as unnecessary under the provisions of the draft
bill.
d. The proposed revision'to subsection 5702(d) would authorize the
Administrator to prescribe conditions under which an employee may be paid a
"special per diem" allowance instead of actual and necessary subsistence
expenses for travel outside the continental United States when the regular per
diem allowance established under 5 U.S.C. 5702(a)(2) is inadequate to cover
these expenses. The current statutory maximum which is based on the appropriate
locality per diem rate plus $33 would be retained. The intent of this proposal
is to change the actual expense reimbursement authority currently contained in
subsection 5702(d) to a per diem payment basis. This change would provide uni-
formity between. civilian employees and uniformed service personnel in the
payment or reimbursement of subsistence allowances for travel outside the
continental United States when the regular per diem rates are inadequate.
Subsection 2(b) of the.draft bill proposes to redesignate the current 5 U.S.C.
5702(e) to subsection 5702(f) and to add a new subsection 5702(e) to permit
the Administrator to authorize payment of transportation and subsistence
expenses for an employee and/or immediate family under certain crisis
conditions. This proposed authority would authorize the payment of subsistence
expenses for the employee and/or immediate family when they must be evacuated
from their home to another location, usually within the official station
vicinity, because of threat to life or property resulting from the employee's
assigned duties. This would be a special provision applying only to employees
in a law enforcement, investigative, protective or other capacity involving organ-
ized crime. It has been requested by the Department of Justice. However, this
authority would be applicable to employees of any agency in similar situations.
It is expected that regulations implementing this new authority would require
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the agency head to review circumstances surrounding the need to temporarily move
an employee and/or family from their home and to authorize or approve payment of
these subsistence and transportation expenses on an individual case basis.
Section 3.
This section provides for a new subsection 5707(c) which will provide authority
for the Administrator to collect transportation and travel payments data on a
continuing but not regular basis. The requirements of the new subsection are a
modification of the now expired congressional reporting requirement imposed on
the Administrator by Public-, Law 96-346 but less detailed and restrictive so as
not to impose an undue burden on GSA or the reporting agencies. The information'
would be collected at least every 2 years, on a sampling basis to the extent
feasible, by those agencies spending $5,000,000 or more annually on travel.
This would give GSA the flexibility to collect mileage data one time, and per
diem data 2 years later, without burdening its staff and the staffs of the
reporting agencies with the necessity to amass all categories of spending data
every time.
GSA does not contemplate seeking information more often than every 2 years,
but an annual collection for special purposes would not be precluded.
Information on discount fares would not be collected from the agencies, inasmuch
as that information can be provided at least partially through other sources
such as the travel management centers. Information on the use of first-class
air accommodations will not be collected on a regular basis, because GSA found
in past reports that such usage is not a significant problem. However, infor-
mation on that practice could be developed as needed from time to time. The
proposed reporting requirement would also include collection of data on employee
relocation payments but only on an as needed basis.
-Section 4.
This section provides for a delayed effective date to allow time for regulatory
implementation.
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A BILL
"To revise certain provisions of chapter 57 of title 5, United States Code,
relating to the subsistence allowances of Government employees while performing
official: travel, and for other purposes."
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as the
"Civilian Travel Expense Amendments Act of 1983."
Sec. 2. Section 5702 of title 5, United States Code, is amended--
(a) by revising subsections 5702(a), (b), (c) and (d) to read as follows:
"(a) 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 in
excess of the rate(s) established by the Administrator of General Services, or
his designee, which shall not exceed $75 per day and may be established by
locality, and (2) a per diem allowance for travel outside the continental United
States at a rate not in excess of the rate(s) established by the President, or
his designee, for each-locality where travel is performed. For travel consuming
less than a full day, such rate(s) may be allocated proportionately.
(b) Under regulations prescribed under section 5707 of this title, the
Administrator, or his designee, may prescribe conditions under which 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-- (1) becomes incapacitated by illness or
injury not due to his own misconduct, or (2) returns, prior to the completion of
his assignment,. and with the approval of the agency concerned, to his designated
post of duty, or home or regular place. of business, because of a personal
emergency situation such as serious illness, injury, or death of a member of his
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family, or an emergency situation such as fire, or flood or other act of God, 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.
(c) Under regulations prescribed under section 5707 of this title, the
Administrator of General Services, or his designee, may prescribe conditions
under which an employee maybe reimbursed for the actual and necessary expenses
of official travel within the continental United States when the per diem
allowance otherwise allowable is determined fo'be inadequate or payment of a per
diem allowance is otherwise inappropriate. However, such reimbursement shall
not exceed $75 for each day in a travel status.
. (d) 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 paid a special per diem allowance for official
travel outside the continental United States when the per diem allowance
otherwise allowable is inadequate to cover the actual and necessary expenses of
such travel. However, the special per diem allowance shall not exceed the total
sum of $33 plus the per diem rate prescribed under subsection 5702(a)(2) of this
.section for the locality in which the travel is performed."
(b) by redesignating subsection 5702(e) as subsection (f), and adding a new
subsection (e) to read as follows:
"(e) Under regulations prescribed under section 5707 of this title,
the Administrator of General Services, or his designee, may prescribe conditions
under which an employee who serves in a law' enforcement, investigative,'protec-
tive or other capacity, and/or members of his immediate, family may be authorized
a per diem allowance by the head of the agency concerned, under the provisions
of subsection (a) of this section, when necessarily occupying temporary living
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accommodations at or away from the employee's designated post of duty, and
transportation to and from such location, because of threat to life or property
or because law enforcement, investigative, or protective interests may be
compromised."
Sec. 3. Section 5707 of title 5, United States Code,. is amended by adding
new subsection (c) to read as follows:
"(c) In order to review and to develop an analysis of estimated total
agency payments for travel and transportation of people, average costs and
duration of trips, purposes of official travel, etc., the Administrator of
General Services periodically, but at least every 2 years, shall collect
information on travel and transportation payments, based on a sampling survey
to the extent feasible, with respect to agencies spending more than $5,000,000
annually on such payments. Such collection of information may also include
data on employee relocation expense payments."
Sec. 4. The amendments made by this Act shall be effective 90 days from the
date of enactment.
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
September 20, 1983
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer
Department
of
Agriculture
Department
of
Commerce
Department
of
Defense
Department
of
Education
Department
of
Energy
Department
of
Health and Human Services
Department
of
Housing and Urban Development
Department
of
the Interior
Department
of
Justice
Department
of
Labor
Department
of
State-
Department
of
Transportation
Department
of
the Treasury
Agency for International Development
Central Intelligence Agency
Environmental Protection Agency
Office of Personnel Management
National Aeronautics and Space Administration
Tennessee Valley Authority
U.S. Information Agency
U.S. Postal Service
Veterans Administration
Administrative Office of the U.S. Courts
SUBJECT: General Services Administration (GSA) draft bill, "To
revise certain provisions of chapter 57 of title 5,
United States Code, relating to the subsistence
allowances of Government employees while performing
official-travel, and for other purposes."
Attached for your information is a copy of GSA's draft bill to
revise the per diem system for Federal employees in travel
status, as submitted to the Congress on September 16, 1983.
The bill is a revision of an earlier draft which was circulated.
for agency comment.
Jeffrey A. Weinberg for
Assistant Director for
Legislative Reference
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IN'\",_ ices a
A ministration Washington. DC 20405
SEP 16 1983
Honorable Thomas P. O'Neill, Jr.
Speaker of the House of Representatives
Washington, DC 20515
Dear Mr. Speaker:
There is forwarded herewith for the consideration of the Congress a draft bill,
"To revise certain provisions of chapter 57 of title 5, United States Code,
relating to the subsistence allowances of Government employees while performing
official travel, and for other purposes."
The principal purpose of the bill is to provide authority for payment of a
locality-based flat rate per diem allowance for official travel instead of
the current actual expense method of reimbursement for travel in high rate
geographical areas (high rate areas). This proposal is in accord with the
President's directive of July 30, 1981 (copy attached), which directs that
the lead Federal travel policymaking agencies work together to streamline
travel reimbursement policies including adoption of locality-based flat per
diem rates for subsistence costs.
The enclosed draft bill, if enacted, would authorize the Administrator of
General Services (Administrator) to implement a locality-based flat rate per
diem system and to prescribe per diem rates administratively within a $75
statutory maximum to reimburse civilian employees for subsistence expenses
incurred during official travel within the continental United States.
The authority for reimbursement of actual and necessary expenses not to exceed
$75 per day for travel within the continental United States would be retained
for use on an exception basis in situations when payment of a per diem allowance
would be inadequate or inappropriate. There are instances when the administra-
tively set per diem rate, while generally adequate, would be insufficient for a
particular travel assignment either because of special duties, such as accom-
panying dignitaries, or protective service duty. Also, there are instances when
subsistence costs may escalate for. short periods of-time for special events.
For instance, during the 1-week missile launching period in March 1982 at Cape
Kennedy, average lodging costs increased from $43 to $68.50 per day in the
surrounding area.
The draft bill would also authorize payment of a "special per diem" allowance
for travel outside the continental United States (including Alaska and Hawaii)
when the per diem rate(s) administratively established by the Secretary of
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Defense or State would be inadequate to cover the traveler's subsistence
expenses. This "special per diem" would be limited to the total of $33 plus
the applicable locality per diem rate prescribed by the Secretary of Defense
or State. The "special per diem" concept would replace the current authority
for actual subsistence expense reimbursement for travel outside the continental
United States and would be similar to the special per diem rates currently
prescribed for travel of uniformed service personnel outside the continental
United States.
Currently, civilian employees are entitled to a per diem allowance not to
exceed a statutory maximum of $50 per day for travel within the continental
United States; or the employee may be reimbursed for actual and necessary sub-
sistence expenses not to exceed a statutory maximum of $75 per day when the per
diem allowance is inadequate due to unusual circumstances or for travel to high
rate areas. For travel outside the continental United States (including Alaska
and Hawaii), the employee is entitled to a per diem allowance not to exceed the
locality per diem rate(s) administratively set by the Secretary of Defense or
State; or if the prescribed per diem allowance is inadequate, the employee may
be reimbursed for actual and necessary subsistence expenses not to exceed the
sum of $33 plus the applicable locality per diem rate prescribed by the
Secretary of Defense or State.
The per diem allowance for domestic travel (within the continental United States)
is currently computed on the basis of the average cost the employee pays for
lodging plus a flat allowance of $23 to cover meals and miscellaneous subsist-
ence expenses. However, the total daily rate computed under this method is
limited to the statutory maximum of $50. Since the maximum per diem rate is
generally inadequate for travel to most metropolitan areas, it has become
necessary to designate numerous high rate areas (currently 181) with rates
from $55 to the maximum $75.
It was originally anticipated that the use of the high rate area concept would
be limited to exceptionally high cost locations. However, increasingly more
areas are becoming high rate areas because the $50 per diem rate is often
inadequate. The difficulty with the current high rate area concept and its
statutory requirement for an actual expense method of reimbursement is that
it requires detailed itemization of each day's expenses supported by receipts,
at least for lodging costs. Many agencies also require receipts for meals.
Preparing, reviewing, and auditing actual expense travel vouchers is
administratively costly, time consuming, and burdensome.
In a report (AFMD 81-18, January 19, 1981) by-the Comptroller General of the
United States, U.S. General Accounting Office (GAO), on processing travel
claims, it was concluded that the administrative cost of processing travel
vouchers was $400 million. The report also stated that processing costs for
actual expense travel vouchers were 76 percent higher than for the per diem
method. The GAO report advocates that the. actual expense reimbursement method
be eliminated for high rate area travel.
The Interagency Travel Management Improvement Project (ITMIP), under the
auspices of the Office of Management and Budget, conducted an extensive review
and analysis of travel management policies and procedures and agency practices
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in the processing of travel documents. In its Report on Strengthening Federal
Travel Management (July 1981), the ITMIP, after reviewing the GAO recommen-
dations and other alternative reimbursement methods, endorsed the locality-based
flat rate per diem system. The ITMIP estimated that implementation of such a
system would (1) result in administrative cost reductions in processing travel
vouchers, (2) be easier to use, (3) result in faster reimbursement and less
paperwork, and (4) be fair to the traveler.
The locality-based flat rate per diem method being advocated for domestic
travel is essentially the same method that has been used successfully for a
number of years for overseas or international travel. The locality-based
flat rate per diem method of reimbursement is advantageous because its
simplicity enables employees to compute estimates for travel advance purposes
and prepare travel voucher claims more easily. It also facilitates reviewing,
approving, and auditing of travel vouchers by voucher examiners. The locality-
based flat rate per diem method i.s also more responsive to variations in
subsistence costs among different localities.
Implementation of the proposed locality-based flat rate per diem system will
provide more efficient administration of the travel of Federal civilian
employees. The overall cost impact of the locality-based flat rate per diem
system would be minimal. We estimate that the direct cost impact on travel
funds may be $10 to $12 million annually. This amount, however, will be
minimized by retention of the current statutory ceiling and more than offset
by the advantages of the system and the administrative cost savings (an
estimated $16 million for civilian travel) resulting from the simplified
and less complicated reimbursement system. _
Subsection 2(a) of. the draft bill would amend 5 U.S.C. 5702(b) to authorize
payment of an employee's emergency travel and transportation expenses from a
temporary duty point to the employee's home or official station prior to comple-
tion of the temporary duty assignment when a personal emergency situation occurs
such as serious illness, injury or death of a family member, or because of an
emergency situation such as fire, or flood or other act of God. Currently,
under the described circumstances, an employee is required to bear as a personal
expense the cost of the return travel and transportation to the official duty
station and return to the temporary duty point.
The Comptroller General of the United States has held in a series of decisions
that the phrase "while traveling on official business" in 5 U:S.C. 5702(a)
prohibits the payment of the per diem allowance and the cost of transportation
in the described circumstances. (See 47 Comp. Gen. 59 (1967); 45 id. 299 (1965);
32 id. 571 (1953); 23 id. 237 (1943).) The Comptroller General of the United
States by letter dated February 28, 1973, requested that the Administrator
consider recommending legislation to correct this problem. The Comptroller
General stated:
"We believe that it is inequitable to require an employee to
pay the cost of travel to his home and return to his temporary
duty station upon the serious illness or injury, or death of
a member of his immediate family since his absence from his
home results from the Government's action. Therefore, it is
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our opinion that an amendment to the Travel Expense Act,
Chapter 57 of title 5, United States Code, is desirable to
correct this situation. Such an amendment would reimburse
the additional travel expenses incurred by, employees who,
through no fault of their own, find themselves away from
home on official business at a time of emergency. For the
reasons stated we believe that legislation to correct this
problem deserves the consideration of the Congress."
The General Services Administration (GSA) is in full accord with the views
expressed by the Comptroller General. Reimbursement for emergency travel is an
accepted practice in private industry for employees on temporary duty away from
home. Requiring employees to pay these costs is inequitable and has resulted in
some instances of extreme financial hardship for Government employees.
Reimbursement for emergency travel is presently authorized for uniformed service
personnel and employees of the Foreign Service and certain agencies located
abroad (37 U.S.C. 411e; 22 U.S.C. 4081(9); 7 U.S.C. 1766c; 49 U.S.C. 1344).
Enactment of the proposed legislation would extend these benefits to all Federal
civilian employees stationed within this country as well as those stationed
abroad including experts, consultants, and individuals serving without pay as
described in 5 U.S.C. 5701(2) and 5703. It is not intended that enactment of
this proposal would diminish the authority of the Secretary of State to
prescribe regulations for the performance of travel by members of the Foreign
Service.
Because of the nature of emergencies, which are inherently difficult to predict,
we have been unable to gather definitive data as to the cost that would be
incurred if this provision of the bill would be enacted. However, we believe
that the cost impact, if any, will be minimal.
The draft bill (subsection 2(b)) also includes provisions endorsed by the
Department of Justice (DOJ) for payment of transportation and per diem for
employees in a law enforcement, investigative, protective or other capacity
involving control of organized crime, and/or their families who must be tem-
porarily housed away from their homes because of threats to life or property
resulting from the employee's assigned duties. The DOJ states that this problem
has existed in the Department for a number of years and it is present practice
to relocate threatened officers and their families, at great expense, because
the law and regulations do not allow payment of per diem at an employee's
official duty station. (5 U.S.C. 5702 currently authorizes per diem allowances
only for the employee for travel away from the post of duty.)
These proposed temporary per diem payments at or near the vicinity of the
official station are particularly pertinent -to the law enforcement officers of
the Drug Enforcement Administration, the Federal Bureau of Investigation, and
the Immigration and Naturalization Service. However, these provisions could
also apply to any other agency with employees in similar situations such as
employees of the Secret Service or an Inspector General and staff, who may be
involved in crime control activities.
It is anticipated that among the three mentioned law enforcement bureaus of
the DOJ,.as many as 28 relocations will be necessary annually for the protec-
tion of law enforcement officers' lives and the safety of their-families.
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If the proposed authority is enacted, per diem payments could be made for 30
to 60 days instead of relocating these agents and their families. The DOJ esti-
mates that the maximum per diem for the 28 officers, assuming three family mem-
bers each, would be $115,000 ($175,000 less than relocation costs). The
$115,000 is a maximum amount; the DOJ believes a more realistic figure would be
about one third of that amount since they expect that the temporary housing
would not require 60 days, or that in most cases the maximum amount would not be
necessary. It is expected that in most cases the only additional expenses that
would be incurred would be for lodging since the provision of meal expenses
would normally be the agent's responsibility. However, reasonable reimbursement
for meals and other miscellaneous expenses and for transportation expenses would
be included where justified.
Section 3 of the draft bill provides for modification and continuance of an
expired reporting requirement. Section 3 of Public Law 96-346 (September 10,
1980) required the Administrator to conduct a travel survey and 'report to the
Congress certain information on travel and transportation payments and agency
travel practices. The statistical data generated by this statutorily required
survey have proven invaluable. These data have been the only centralized data
source available upon which to base cost impact estimates. However, that
reporting requirement expired with the survey of fiscal year 1981.
The attached draft bill would amend 5 U.S.C. 5707 to require a reporting
system similar to that previously required by Public Law 96-346, but less
detailed and restrictive, in order to impose the least burden possible on GSA
and the reporting agencies. The type of information collected under Public Law
96-346 would continue to be collected, but not on an annual basis as a general
rule. Instead, the information would be collected at least every 2 years and
on a sampling basis to the extent feasible, from selected agencies spending
$5,000,000 or more annually on travel.
This proposed reporting requirement would give the Administrator adequate
authority to collect sufficient detail on travel costs to provide a data base on
which to estimate basic travel costs without establishing a rigid, inflexible
requirement as to the type of data to be collected on a regular basis.
Section 4 of the draft bill provides that the amendments shall be effective
90 days from date of enactment to allow time for regulatory implementation
of the new reimbursement system.
The General Services Administration recommends prompt and favorable consideration
of this draft bill. The Office of Management and Budget has advised that there
is no objection to the. submission of this legislative proposal to the Congress
and that its enactment would be.in accord with the program of the President.
Sincerely,
(Signed) Ray Kline
Deputy Administrator
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? THE WHITE HOUSE ?
July 30, 1981
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Strengthening Federal Travel Management
The Federal Government will spend almost $4 billion in fiscal
year 1981 on travel. Although most of .this travel is required
to carry out agency programs, instances of mismanagement and
wasteful spending have continued to surface over the years. To
improve the management of federal travel, I am directing that
the following changes be made to travel policies and practices
and would urge that the lead agencies work with the rest of the
Executive Branch as they implement these recommendations:
- Separate travel regulations for civilian employees,
foreign service, and uniformed services will be
simplified, standardized, and updated to assure
consistent treatment of all federal travelers.
- Travel authorization policies will be tightened,
including a reduction in the use of general travel
authorizations.
- Travel services for agency employees will be improved at
headquarters and principal field locations, including
greater use of commercial ticketing and travel services
and available discounts.
- Greater efforts will be made in cooperation with the
travel industry to expand the availability-and use of
transportation, lodging, and other travel-related
discounts for federal travelers.
Travel reimbursement policies will be streamlined to
include adoption of locality-based flat per diem rates
for subsistence costs, improved controls over travel
advances, and simplified voucher processing.
fective implementation of these iinarove;nents will require
a coordinated effort by those. aa.zncies with travel colic\?
and oversight responsibilities. Accordingly, : am directing:
the Secretary of State, the Sec_ =tare of Defense, the
Director of the C"_~~ of ~?_,:.::,nr.el Manac7ament, and the
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Administrator of General Services to implement the necessary
changes to the regulations they promulgate. I have asked
the Director of the Office of Management and Budget to
coordinate the implementation activities.
These improvements are an important part of this Administra-
tion's economic reform program and its efforts to reduce
wasteful federal spending. I expect the results of the
improvement to include:
- annual cost savings of over $200 million, consisting
of $116 million in direct travel:dxpenditures and
$85 million in travel-related administrative costs;
- improved control and management of agency travel
expenditures; and
- accelerated reimbursements to travelers and payments
to carriers.
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SECTION-BY-SECTION ANALYSIS
Section 1.
This section provides the short title of the bill. It may be cited as the
"Civilian Travel Expense Amendments Act of 1983."
Section 2.
Subsection 2(a) of the draft bill proposes to revise 5 U.S.C. 5702(a), (b), (c)
and (d) as follows:
a. The proposed revision to subsection 5702(a) would provide the authority
to establish a locality-based flat rate per diem reimbursement system. The
current statutory maximum per diem rate ($50) would be eliminated and the
Administrator of General Services (Administrator) would be authorized to
establish maximum locality per diem rates administratively for civilian employee
travel inside the continental United States up to a maximum of $75. It is
intended that the results of the travel cost studies performed under 5707(b)
will be only a factor considered in establishing the per diem rates and that
the Administrator will retain discretion in establishing the proper level of
rates. The Administrator would also retain full flexibility to prescribe the
methodology for computing and applying per diem rates. As currently provided by
executive order, the Secretary of pefense will prescribe maximum locality per
diem rates for civilian employee travel in nonforeign areas (outside the con-
tinental United States) and the Secretary of State will prescribe maximum
locality per diem rates for civilian employee travel in foreign areas.
The new locality-based flat rate per diem authority would replace the actual
expense authority for travel in high rate geographical areas currently provided
in 5 U.S.C. 5702(c)(2).
b. The proposed revision to subsection 5702(b) would authorize the
Administrator to provide by regulation for payment of travel and transportation
expenses under certain emergency situations. The law, 5 U.S.C. 5702(b),
currently authorizes payment of travel and transportation expenses from a
temporary duty (TDY) point to the employee's home or official station when the
employee becomes incapacitated by illness or injury not due to his own
misconduct.
If amended, subsection 5702(b) would also authorize payment of an employee's .
travel and transportation expenses from a TDY point to his/her home or official
station when, prior to completion of the employee's TDY assignment, a personal
emergency situation occurs, such as serious illness, injury, or death of a
member of the employee's family or a crisis involving home or property (fire,
floods, etc.). If after returning an individual to his/her official duty
station because of an emergency situation described, the agency determines it
is in the best interest of the Government to send the employee back to the TDY
station, such travel would be considered a new travel assignment at Government
expense.
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The term "family" as used in the draft bill is intended to be a generic term
which would be further defined by regulation and could include family members
outside the immediate household such as parents and brothers and sisters of
either the employee or spouse,. depending on circumstances. The regulations
also would define the terms "personal emergency" and "act of God" for purposes
of this section.
c. The proposed revision to subsection 5702(c) would authorize the
Administrator to prescribe conditions under which an employee may be reimbursed,
not in excess of $75 per day, for the actual and necessary subsistence expenses
of official travel within the continental United States in.instances when the
administratively established per diem rate is inadequate or payment of a per
diem allowance is inappropriate. It is intended that this authority would be
similar to the current authority for reimbursement of actual and necessary
expenses of travel due to the unusual circumstances of the travel assignment.
The concept of actual expense reimbursement for travel'to high rate geographical
areas has also been eliminated since subsistence expense reimbursement for high
rate geographical area travel would be included under the proposed locality-
based flat rate per diem system. The term "unusual circumstances of the travel
assignment" has been eliminated as unnecessary under the provisions of the draft
bill.
d. The proposed revision'to subsection 5702(d) would authorize the
Administrator to prescribe conditions under which an employee may be paid a
"special per diem" allowance instead of actual and necessary subsistence
expenses for travel outside the continental United States when the regular per
diem allowance established under 5 U.S.C. 5702(a)(2) is inadequate to cover
these expenses. The current statutory maximum which is based on the appropriate
locality per diem rate plus $33 would be retained. The intent of this proposal
is to change the actual expense reimbursement authority currently contained in
subsection 5702(d) to a per diem payment basis. This change would provide uni-
formity between civilian employees and uniformed service personnel in the
payment or reimbursement of subsistence allowances for travel outside the
continental United States when the regular per diem rates are inadequate.
Subsection 2(b) of the draft bill proposes to redesignate the current 5 U.S.C.
5702(e) to subsection 5702(f) and to add a new subsection 5702(e) to permit
the Administrator to authorize payment of transportation and subsistence
expenses for an employee and/or immediate family under certain crisis
conditions. This proposed authority would authorize the payment of subsistence
expenses for the employee and/or immediate family when they must be evacuated
from their home to another location, usually within the official station
vicinity, because of threat to life or property resulting from the employee's
assigned duties. This would be.a special provision applying only to employees
in a law enforcement, investigative, protective or other. capacity involving organ-
ized crime. It has been requested by the Department of Justice. However, this
authority would be applicable to employees of any agency in similar situations.
It is expected that regulations implementing this new authority would require
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the agency head to review circumstances surrounding the need to temporarily move
an employee and/or family from their home and to authorize or approve payment of
these subsistence and transportation expenses on an individual case basis.
Section 3.
This section provides for a new subsection 5707(c) which will provide authority
for the Administrator to collect transportation and travel payments data on a
continuing but not regular basis. The requirements of the new subsection are a
modification of the now expired congressional reporting requirement imposed on
the Administrator by PublicrLaw 96-346 but less detailed and restrictive so as
not to impose an undue burden on GSA or the reporting agencies. The information
would be collected at least every 2 years, on a sampling basis to the extent
feasible, by those agencies spending $5,000,000 or more annually on travel.
This would give GSA the flexibility to collect mileage data one time, and per
diem data 2 years later, without burdening its staff and the staffs of the
reporting agencies with the necessity to amass all categories of spending data
every time.
GSA does not contemplate seeking information more often than every 2 years,
but an annual collection for special purposes would not be precluded.
Information on discount fares would not be collected from the agencies, inasmuch
as that information can be provided at least partially through other sources
such as the travel management centers. Information on the use of first-class
air accommodations will not be collected on a regular basis, because GSA found
in past reports that such usage is not a significant problem. However, infor-
mation on that practice could be developed as needed from time to time. ,The
proposed reporting requirement would also include collection of data on employee
i
b
-
s.
as
relocation payments but only on an as needed
Section 4.
This section provides for a delayed effective date to allow time for regulatory
implementation.
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"To revise certain provisions of chapter 57 of title 5, United States Code,
relating to the subsistence allowances of Government employees while performing
official travel, and for other purposes."
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as the
"Civilian Travel Expense Amendments Act of 1983."
Sec. 2. Section 5702 of title 5, United States Code, is amended--
(a) by revising subsections 5702(a), (b), (c) and (d) to read as follows:
"(a) 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 in
excess of the rate(s) established by the Administrator of General Services, or
his designee, which shall not exceed $75 per day and may be established by
locality, and (2) a per diem allowance for travel outside the continental United
States at a rate not in excess of the rate(s) established by the President, or
his designee, for each locality where travel is performed. For travel consuming
less than a full day, such rate(s) may be allocated proportionately.
(b) Under regulations prescribed under section 5707 of this title, the
Administrator, or his designee, may prescribe conditions under which 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-- (1) becomes incapacitated by illness or,
injury not due to his own misconduct, or (2) returns, prior to the completion of'
his assignment, and with the approval of the agency concerned, to his designated
post of duty, or home or regular place of business, because of a personal
emergency situation such as serious illness, injury, or death of a member of his
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family, or an emergency situation such as fire, or flood or other act of God, 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.
(c) 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 within the continental United States when the per diem
allowance otherwise allowable is determined to be inadequate or payment of'a per
diem allowance is otherwise inappropriate. However, such reimbursement shall
not exceed $75 for each day in a travel status.
(d) 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 paid a special per diem allowance for official
travel outside the continental United States when the per diem allowance
otherwise allowable is inadequate to cover the actual and necessary expenses of
such travel. However, the special per diem allowance shall not exceed the total
sum of $33 plus the per diem rate prescribed under subsection 5702(a)(2) of this
section for the locality in which the travel is performed."
(b) by redesignating subsection 5702(e) as subsection (f), and adding a new
subsection (e) to read as follows:
"(e) Under regulations prescribed under section-5707 of this title,
the Administrator of General Services, or his designee, may prescribe conditions
under which an employee who serves in a law enforcement, investigative, protec-
tive or other capacity, and/or members of his immediate family may be authorized
a per diem allowance by the head of the agency concerned, under the provisions
of subsection (a) of this section, when necessarily occupying temporary living
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accommodations at or away from the employee's designated post of duty, and
transportation to and from such location, because of threat to life or property
or because law enforcement, investigative, or protective interests may be
compromised.'
Sec. 3. Section 5707 of title 5, United States Code, is amended by adding
new subsection (c) to read as follows:
"(c) In.order to review and to develop an analysis of estimated total
agency payments for travel and transportation of people, average costs and
duration of trips, purposes of official travel, etc., the Administrator of
General Services periodically, but at least every 2 years, shall collect
information on travel and transportation payments, based on a sampling survey
to the extent feasible, with respect to agencies spending more than $5,000,000
annually on such payments. Such collection of information may also include
data on employee relocation expense payments.'
Sec. 4. The amendments made by this Act shall be effective 90 days from the
date of enactment.
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