§ 5702. Per diem; employees traveling on official business

3,107 words·~14 min read·/usc/title-5/section-5702

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(1)Under regulations prescribed pursuant to section 5707 of this title, an employee, when traveling on official business away from the employee’s designated post of duty, or away from the employee’s home or regular place of business (if the employee is described in section 5703 of this title), is entitled to any one of the following:

(A)a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States;

(B)reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or

(C)a combination of payments described in subparagraphs

(A)and

(B)of this paragraph.

(2)Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality. The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department.

(3)For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe.

(1)Under regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection

(a)of this section and who abandons the travel assignment prior to its completion—

(A)because of an incapacitating illness or injury which is not due to the employee’s own misconduct is entitled to reimbursement for expenses of transportation to the employee’s designated post of duty, or home or regular place of business, as the case may be, and to payments pursuant to subsection

(a)of this section until that location is reached; or

(B)because of a personal emergency situation (such as serious illness, injury, or death of a member of the employee’s family, or an emergency situation such as fire, flood, or act of God), may be allowed, with the approval of an appropriate official of the agency concerned, reimbursement for expenses of transportation to the employee’s designated post of duty, or home or regular place of business, as the case may be, and payments pursuant to subsection

(a)of this section until that location is reached.

(A)Under regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection

(a)of this section and who, with the approval of an appropriate official of the agency concerned, interrupts the travel assignment prior to its completion for a reason specified in subparagraph

(A)or

(B)of paragraph

(1)of this subsection, may be allowed (subject to the limitation provided in subparagraph

(B)of this paragraph)—

(i)reimbursement for expenses of transportation to the location where necessary medical services are provided or the emergency situation exists,

(ii)payments pursuant to subsection

(a)of this section until that location is reached, and

(iii)such reimbursement and payments for return to such assignment.

(B)The reimbursement which an employee may be allowed pursuant to subparagraph

(A)of this paragraph shall be the employee’s actual costs of transportation to the location where necessary medical services are provided or the emergency exists, and return to assignment from such location, less the costs of transportation which the employee would have incurred had such travel begun and ended at the employee’s designated post of duty, or home or regular place of business, as the case may be. The payments which an employee may be allowed pursuant to subparagraph

(A)of this paragraph shall be based on the additional time (if any) which was required for the employee’s transportation as a consequence of the transportation’s having begun and ended at a location on the travel assignment (rather than at the employee’s designated post of duty, or home or regular place of business, as the case may be).

(3)Subject to the limitations contained in regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection

(a)of this section and who interrupts the travel assignment prior to its completion because of an incapacitating illness or injury which is not due to the employee’s own misconduct is entitled to payments pursuant to subsection

(a)of this section at the location where the interruption occurred.

(c)This section does not apply to a justice or judge, except to the extent provided by section 456 of title 28.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 498; Pub. L. 91–114, § 1, Nov. 10, 1969, 83 Stat. 190; Pub. L. 94–22, § 3, May 19, 1975, 89 Stat. 84; Pub. L. 96–54, § 2(a)(36), Aug. 14, 1979, 93 Stat. 383; Pub. L. 96–346, § 1, Sept. 10, 1980, 94 Stat. 1148; Pub. L. 99–234, title I, § 102, Jan. 2, 1986, 99 Stat. 1756; Pub. L. 102–378, § 2(47), Oct. 2, 1992, 106 Stat. 1353; Pub. L. 115–232, div. A, title VI, § 603(b), Aug. 13, 2018, 132 Stat. 1794.)

In subsection (a), the term “employee” is substituted for “civilian officers and employees of the departments and establishments” in view of the definition of “employee” in sections 5701 and 2105. The words “in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards” are omitted as unnecessary in view of the definition of “per diem allowance” in section 5701(4).

In subsection (b), the words “Under regulations prescribed under section 5707 of this title” are substituted for “in accordance with regulations promulgated and approved under sections 835–842 of this title”.

In subsection (c), the words “Under regulations prescribed under section 5707 of this title” are substituted for “in accordance with regulations promulgated by the Director, Bureau of the Budget, pursuant to section 840 of this title.”

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.