5.2 Scope. This chapter applies worldwide, both within and outside the Continental United States (CONUS) except as specifically provided by regulation.

5.3 Authority. Reimbursement of per diem expenses in connection with official Government travel is governed by 41 CFR, Chapters 301 and 303 under the authority of 5 U.S.C. Chapter 57 and the Department of Interior.

5.4 General Provisions.

A. Per diem is not a statutory right and it is within the discretion of the Service to pay per diem only where it is necessary to cover the expenses incurred by an employee in the performance of official travel.

B. For the purposes of this chapter, terms are used as defined in 41 CFR 301.

5.5 Lodgings-Plus Per Diem System.

A. Per diem allowances for all official travel, including travel incident to a change of official station, will be computed under the lodgings-plus per diem system, except as otherwise provided in 265 FW 7, Extended Assignments. Under this system, the per diem allowance for each travel day is established on the basis of the actual amount the traveler pays for lodgings plus an allowance for meals and incidental expenses (M&IE), the total not to exceed the applicable maximum per diem rate for the location concerned.

B. The applicable maximum per diem rate for each calendar day of travel will be determined by the travel status and location of the employee at 12:00 midnight and whether lodging is required at such location.

C. The M&IE rate allowable on the day travel beings will be three-fourths of the destination M&IE rate.

D. The M&IE rate allowable on the returning day of travel will be three-fourths of the M&IE rate of the preceding calendar day.

5.6 Travel Less Than 24 Hours. For travel of more than 12 hours, but equal to or less than 24 hours, the per diem allowance for the trip will be calculated as follows, ( 41 CFR 301):

A. Lodging not Required. The per diem allowance will 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 will 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 will 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.

5.7 Travel 12 hours or less. A per diem allowance will not be paid for travel of 12 hours or less. This applies also for travel involving a permanent change of station (CFR 301-7.5(b).

5.8 Per Diem at Permanent Duty Station. If the temporary duty (TDY) point is over 80.45 kilometers (50 miles) from the duty station or residence (40.27 kilometers (30 miles for a conference), per diem may be allowed. If the TDY point is 40.27 to 80.45 kilometers (30-50 miles) from the duty station or residence, per diem must be approved by the Assistant Director - Administration. The Deputy Assistant Secretary -PMB has the authority to define the boundary of the duty station and/or vicinity of the place of abode (home), within which no per diem will be paid. All requests not meeting the criteria above must be submitted to the Assistant Director - Administration for forwarding to the Deputy Assistant Secretary - PMB.

5.9 Actual Subsistence. Travel on an actual subsistence expense basis may be authorized or approved for travel assignments when the applicable maximum per diem rate is inadequate due to special or unusual circumstances. Since lodging cost constitutes a major portion of the subsistence expense, travel on an actual expense basis may be authorized or approved for travel, when, due to special or unusual circumstances, the lodging costs absorb all or nearly all of the applicable maximum per diem allowance.

A. When it is anticipated that meals and/or lodging costs will be higher than the prescribed rates, a higher "Actual Subsistence" method of reimbursement may be authorized. The authority to approve payment of actual subsistence expenses in lieu of per diem is carried out by the Assistant Director - Administration (Washington Office) or Regional Directors. Actual subsistence request will be calculated as follows: Lodging plus M&IE, multiplied by 150% minus the M&IE. For example:

            Lodging $126.00
            M&IE    $ 42.00
            TOTAL $168.00

            $168.00 multiplied by 150%     $252.00
            Less M&IE                               $ 42.00
            Total Subsistence                      $210.00

B. When requesting an actual subsistence request, specific information should be identified to justify actual subsistence approval. For example:

(1) Other hotels have been canvassed and no lodging is available within the established lodging rate.

(2) The employee does not have a rental car to access hotels in the area that fall within the lodging rate.

(3) Residence at the hotel is required to meet the mission of the temporary duty assignment; e.g., evening meetings.

C. Approving officials will authorize actual expense reimbursement on a case-by-case basis only. Approval for actual expense reimbursement may not be established on a blanket basis for a group of employees or as a policy for all employees traveling to a specific geographical location. The approving official may establish lesser actual reimbursement rates when appropriate. Request for actual subsistence is to be forwarded through the Regional or Washington Office Finance Division for concurrence. The Division of Finance will review the request to determine if the request is justified.

D. Travel involving unusual circumstances to locations outside the conterminous United States may be authorized as follows actual lodging cost, not to exceed 150 percent of the published lodging rate, plus the M&IE specified in the appropriate U.S. Department of State Supplement to the Standardized Regulations.

E. Under unusual circumstances a request for actual subsistence may be approved up to 300 percent. Request for the 300 percent will require concurrence by the Division of Finance at the Regional or Washington Office level with final approval from the Regional Director or Assistant Director - Administration. Consideration for approval will be based on the issues requiring the request (i.e., special events or emergency trips). Items such as use of rental cars, and other hotels in the TDY area will be considered to determine justification of the higher actual subsistence request.

5.10 Flat Rate. When appropriate, an authorizing official may assign a subsistence of a daily flat rate that is less than the maximum allowable for that TDY point. This rate must be authorized in advance on the limited open travel authorization. No receipts or itemizations are required to claim a flat rate, although pertinent dates of travel must be recorded on the travel voucher. Volunteers may be paid a flat rate, but are required to file travel vouchers for the flat rate reimbursement. Reference 265 FW 8.6 for further information involving volunteer subsistence and travel.

5.11 Extended Assignments. Reduced rates are required for assignments of more than 30 days (See 265 FW 7.)

5.12 Mixed Reimbursement. Only one method of per diem and only one per diem rate per calendar day is used for calculating subsistence entitlement. The applicable maximum per diem rate for each calendar day of travel will be determined by the travel status and location of the employee at 12:00 midnight. When actual subsistence expense reimbursement for certain travel days is intermittent with the per diem method for other days the regulations in 41 CFR 301 govern. The authorizing official will determine which method is administratively advantages and commensurate with the expenses expected to be incurred by the traveler.

5.13 Dual Lodging Costs. When a travel assignment (to site A) is interrupted because the traveler is directed to perform temporary duty at another location (site B), the additional lodging costs incurred may be reimbursed if the authorizing official determines the traveler acted reasonably in minimizing the costs. If authorized, the additional costs may be reimbursed in one of three methods:

A. Total lodging costs paid for site A for the time period covered by the travel voucher, is divided by the number of nights spent at site A.

B. The traveler is authorized actual subsistence expenses for the time spent at site B, not to exceed 150 percent of the authorized rate for site B.

C. The unused lodging cost for site A may be reimbursed as a miscellaneous travel expense (outside the per diem allowance). A receipt is required to justify payment regardless of dollar amount.

5.14 Meals and/or Lodging Furnished at No Cost. When lodging is furnished at no cost to the traveler, the per diem rate is automatically reduced to the M&IE rate for that location. When both lodging and meals are provided at no cost to the traveler, reimbursement will not exceed the amount allocated for incidental expenses.

A. When all or part of the meals are provided at no cost to the traveler by the Federal Government, the applicable maximum per diem rate or the M&IE rate, as appropriate, will be reduced to a daily amount commensurate with the expenses expected to be incurred by the employee. If a reduced per diem rate was not authorized in advance of the travel and meals were furnished at no cost or at a nominal cost by the Federal Government, the appropriate deduction prescribed in 41  CFR 301 will be made from the total per diem payable on the travel voucher. If there is a charge for the meal for which a deduction has been made, reimbursement will be allowed for the amount paid, not to exceed the amount allocated for the meal.

B. An employee staying at the residence of a friend, associate, or family member may not be reimbursed for lodging costs paid to the host without evidence of receipts or other documentation that the host incurred additional costs. Costs normal to the maintenance of a residence such as insurance, repairs, and utilities are not eligible for reimbursement consideration, even on a prorated or other basis. Comparing the average cost of commercial lodging and meals with the charge from the non-commercial source as a basis for determining a reduced rate is not valid.

5.15 Foreign Travel - Rest Stops. Rest stops of up to 24 hours may be specifically authorized on the travel authorization when travel is direct between authorized origin and destination points, which are separated by several time zones, either the origin or destination point is outside CONUS and scheduled flight time (including stopovers) exceeds 14 hours. For example, a 24-hour rest stop in Honolulu may be authorized for a trip from CONUS to Japan. The traveler would be allowed the prescribed per diem rate for Honolulu for that calendar day.

5.16 Indirect Route or Interruptions in Travel. If there is an interruption of travel or deviation from the direct route resulting in excess travel time, because of an employee's personal preference, or convenience, or through the taking of leave, the per diem allowed will not exceed that which would have been allowed on uninterrupted travel by a direct, or usually traveled route. Exceptions are provided in 41 CFR 301 for certain emergency travel situations.

A. In the cases where an employee takes annual leave while in TDY status or uses a privately owned vehicle (POV) in lieu of common carrier as referred to in 265 FW 4.10, a reconstruction of the travel as it would have taken place under usual traveled circumstances must be provided on the travel voucher for comparison. The travel as it actually took place must also be recorded on the travel voucher. The lesser amount of the comparison will be claimed.

B. The estimated cost of a rental car, not actually rented, cannot be used in a cost comparison.

5.17 Travel in Connection with Leave. An employee must bear all costs of travel to a place of leave and return to their official station from leave status. If the employee performs official duties en route, the employee may be authorized only expenses in excess of the cost of direct travel to or from the place of leave. Use of annual leave in connection with travel status, must be authorized in advance on a Trip-by-Trip Travel Authorization unless emergency circumstances occur. The limited open travel authorization will not cover an employee who takes leave during temporary duty. 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, the exact hour of departure from and return to duty status must be shown on the travel voucher (41 CFR 301).

5.18 Approved Accommodations. Any inn, hotel or other establishment (public accommodation) that meets the requirements of the fire prevention and control guidelines in 15 U.S.C. 2225. GSA is required to provide a list of only approved accommodations in accordance to the periodical Federal Register release of approved accommodations.

5.19 References. All documents referenced in this chapter are available in the servicing finance office.